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Terms of Service, Copyright Notice and Disclaimers

The following Terms of Use govern your use of the VU.org website ("the Service") and all images, quotations and other materials, including Web pages, scripts and applications on the website ("Content"). By using the Service, you agree to abide by these terms and conditions. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Definitions

The pronouns "we," "us" and "our" are used interchangeably throughout this document and refer collectively to the VU.org website, our various affiliated websites, our parent Alysian Publishing Group, and all of our directors, officers, employees and duly authorized agents and representatives.

Copyright and Intellectual Property Rights

We do not claim ownership of any content you post on or through the Service. Instead, by using the Service, you grant to us a non- exclusive, fully paid and royalty-free, transferable, sub-licensable, irrevocable, worldwide license to use the content that you post on or through the Service as we deem appropriate, and you expressly waive compensation for such material. You acknowledge that we are not obligated to accept or use said material, which we may edit or revise at our sole discretion. We retain sole and exclusive copyright on all such derivative works arising therefrom.

You represent and warrant that: (1) you own the content you post on or through the Service, or you have the right to grant the rights and licenses set forth herein; (2) the posting and use of your Content on or through the Service does not violate, infringe on or misappropriate the rights of any third party, including privacy rights, publicity rights, copyrights, trademark or other intellectual property rights; (3) you agree to pay all royalties, fees and any other monies owed by reason of Content you post on or through the Service; (4) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction; and (5) you agree to hold us safe and harmless from any and all claims arising from alleged copyright infringement and other violations of intellectual property rights arising from material that you post on the Service.

You acknowledge that all Content on this website is protected by copyright, trademark, patent or other proprietary rights and laws held by the respective owners of such Content. You may use the Content for personal, non-commercial use only. You may not copy, transmit, modify, upload, republish or distribute the Content, except as expressly provided herein, without our written consent.

You will not remove, alter or conceal any copyright, trademark, service mark, watermark or other proprietary rights notices incorporated in, superimposed on or accompanying Content obtained from the Service, and you will not reproduce, modify, adapt, prepare derivative works based on, display, publish, distribute, sell, license or otherwise exploit such Content.

The VU.org, VU and Virtual University names and logos are our registered and/or unregistered trademarks and may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, all page headers, page layouts, custom graphics, button icons and scripts within such Web pages are our service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written consent.

Logos and service names appearing on the Service may not be used in connection with any product or service that is not ours, that reflects unfavorably on us in any manner, or that is likely to cause confusion among users or the public.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You further acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.

If you upload photos, graphics, quotes or any other type of content to the service, and we are subsequently advised by the purported owner of such content that the said material is protected by copyright or other intellectual property rights, we will promptly delete such content from the Service.

We reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. We will not be liable to you for any modification, suspension or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

You agree that we are not responsible for, and do not endorse, user-generated Content posted within the Service. We do not have any obligation to prescreen, monitor, edit or remove such Content. If your Content violates these Terms of Use, you agree to bear legal responsibility for that Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any Content you provide.

If you repeatedly infringe other people's copyrights or other intellectual property rights, your account may be terminated at our sole discretion and without further notice to you.

User Responsibilities

The Service is provided to persons who are at least 16 years ("Users").

If you apply for and are issued an account and password, you agree to provide us with true, current and complete information when you register for an account, and you agree to keep your profile information up-to-date. You are responsible for keeping your password secret and secure.

You are solely responsible for your conduct and for any files, images, graphics, photos, audio/video clips, sounds, and other content or materials (collectively, "User Content") that you submit, post or display on or via the Service.

You may not post violent, unlawful, inflammatory, racially offensive, infringing, hateful, pornographic or sexually explicit images, comments or other material on the Service.

You agree that you will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you will not post your own or anyone else's private or confidential information, including credit card information, Social Security or other national identity numbers, non-public phone numbers or non-public email addresses.

Comments and other forms of interaction between users of the Service may occur in various discusssion forums on the website. These forums are not free speech zones and are subject to moderation. By using the Service, you agree to refrain from posting insults, moral rants, advertising spam and any other comments that would detract from the enjoyment of the Service by other users. You agree to use discretion when posting comments and should not divulge your phone number, work or home address, credit card numbers or other confidential information on any public or private forum on this website.

You agree that you will not attempt to restrict other users from using or enjoying the Service, and you will not encourage or facilitate violations of these Terms of Use or any other of our terms and conditions.

You agree that you will not create or submit unwanted email, comments or other forms of commercial or harassing communications (otherwise known as "spam") to any of our users. You will not solicit any person or post commercial advertising of any kind, unless such materials are expressly authorized by us.

You may not use the Service for any illegal or unauthorized purpose. You agree that you will not advocate illegal activity of any kind or discuss such activities with the intent to commit them or incite others to do so. You further agree to comply with all laws, rules and regulations, including federal, state, local and provincial, applicable to your use of the Service and your Content, including but not limited to, copyright laws.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of our Web pages are rendered or displayed in a user's browser or device.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user.

You agree that you are responsible for all data charges you incur through use of the Service.

From time to time, we may conduct contests or other incentive programs, and we may offer rewards or other incentives to eligible users. We are under no obligation to do so, but if we do offer such incentives, then we are obligated to fulfill the terms and award any prizes as promised. Incentives may vary and shall be offered at our sole discretion.

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our prior written consent will be null and void.

By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as may occur with standard search engine protocols or technologies used by search engines with our express consent.

Violation of these Terms of Use may, at our sole discretion, result in termination of your account. You understand and agree that we cannot and will not be responsible for the Content you post on the Service, and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you.

Educational Content, Delivery and Interaction

Free Classes: We may offer free courses from time to time through our Website. Free courses are subject to the terms and conditions sest forth in this agreement. Registering or enrolling in a free course constitutes acceptance of these Terms of Use.

  • Some courses listed as "FREE" in our catalog are paid classes that we are offering free of charge on a promotional basis, such as for a limited 30-day period. These classes may revert back to paid courses at the end of the promotion, or they may remain free offerings at our discretion.
  • To enroll in a free class, you must have an account and a virtual desk, and you must add the class to your schedule while it is listed as "FREE" in our catalog. Once a course has reverted to paid content, free enrollments will not be accepted. Free classes will remain free for the duration of your subscription, even if the class reverts to paid content after you have enrolled.
  • Enrollment is limited to VU members in good standing. Former users who have had their membership suspended for any reason are not eligible to enroll in free classes.
  • Free classes are fully functional and all classroom features work, including quizzes, homework modules and exams. However, we do not record grades or issue CEUs for free classes, and these courses will not appear in your eTranscript. If you want a grade and CEUs to be recorded in your eTranscript, you may request manual recording. A $12.00 processing fee per course is charged for this service. Contact the Registrar if you have earned a passing grade in a class that you wish to have recorded.

Course Subscriptions: When you enroll in a course, you will have a fixed period of time to complete the coursework, generally 60 to 90 days, depending on the class. This "subscription period" applies to all classes, free and paid. The "Class Ends" date is displayed in the My Class Schedule widget on your VU desk. If you don't complete a course by the deadline, its status will change to "EXPIRED." Once a course expires, you may re-enroll and pay the current registration fee to have continued access to the courses materials and final exam, or you can use the "DROP" option to remove the class from your schedule.

Grades and Transcripts: Once a grade has been recorded in your eTranscript, we will maintain a record of the class for six years from the date of course completion. Grades older than six years are considered obsolete by many employers and agencies that recognize our CEUs and will be deleted from your eTranscript. If you want a record of these older courses for your personal use, you must print out your eTranscript before obsolete classes are purged. Once a grade has been purged, it cannot be recovered and we will no longer have any record of your participation in the course.

WikiEdit Contributions: By using our WikiEdit tool and by posting, uploading, emailing or otherwise communicating to us suggested revisions or additions to our existing Content, or by sharing new Content, you grant us a royalty-free, perpetual, irrevocable, exclusive and sub-licensable right to use, reproduce, modify, adapt, publish, display, and create derivative works from such Content worldwide, and you expressly waive compensation for such material. You acknowledge that we are not obligated to accept or use the said material, which we may edit or revise at our sole discretion. We retain the sole and exclusive copyright on all underlying Content and derivative works incorporating WikiEdit contributions. You warrant that all material you submit is created solely by you, is not plagiarized, and does not infringe on any copyright or other intellectual property rights of any third party. You agree to hold us safe and harmless from any and all claims arising from alleged copyright infringement and other violations of intellectual property rights arising from any material that you contribute under this provision.

Refunds and Chargebacks: Membership fees are nonrefundable processing charges; however, if you are dissatisfied with any service we provide, you may request a one-time courtesy refund. In consideration of this refund guarantee, you agree that you will not initiate credit card chargebacks or stop payments on checks and that doing so will result in a $50 penalty fee being assessed to you for each such occurrence.

General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to us or you. You can deactivate your own account at any time by logging in and following the unsubscribe procedure in effect at that time. If we terminate your access to the Service or you unsubscribe yourself, your photos, comments and all other data will no longer be accessible through to you through your account, but those materials and content may persist and appear within the Service. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username for any reason.

We may, but have no obligation to, remove, edit, block and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

We may terminate the Service at any time, in whole or part, for any reason and effective immediately. We may also terminate any member's account at our sole discretion for: (a) violation of the letter or spirit of the TOS; (b) if any information provided to us is inaccurate; or (c) as otherwise provided herein. Upon such termination, you agree to immediately discontinue using the Service and destroy all Content and materials obtained from it.

There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Using such features and/or services may require you to log in to your account on the third-party service and you do so at your own risk. We do not control any of these third-party Web services or any of their content. You acknowledge and agree that we are in no way responsible or liable for any such third-party services or features, and any communications or business dealings between you and such third-party services are solely between you and those services.

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

We reserve the right to change these Terms of Use from time to time at our sole discretion. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective on the date of posting and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

Disclaimer of Warranties

The Service is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, we do not make any representations, warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Content provided by us or our users; or (c) security associated with the transmission of information to our website or via the Service. In addition, the we disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

We do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of the service is at your sole risk. We do not warrant that your use of the service is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms of Use.

We do not endorse user-generated content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any such content.

There may be occasions when due to circumstances beyond our control the Service is interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs, or due to failure of telecommunications links and/or equipment.

Limitation of Liability; Waiver

We make no representation that Content on this website is appropriate or authorized for use in all states, countries or other jurisdictions, or that the Service will meet your requirements. We do not represent or warrant that the Content is accurate, complete, correctly sequenced, timely or reliable; or that the Service will be uninterrupted or error- free, or that software defects, if any, will be corrected. The Service is provided on an "AS IS" and "as available" basis. To the full extent allowed by law, we disclaim all warranties, express or implied. You agree that use of the Service is at your own risk. Any Content obtained through the Service is at your prerogative and you are solely responsible for any damage to your computer system or loss of data resulting therefrom. You further agree that we are not responsible or liable for any illegal, offensive, obscene, threatening or defamatory content or conduct of any other party(ies), or any infringement of another's rights, including intellectual property rights.

Under no circumstances will we be liable to you for any loss or damages of any kind (including, without limitation, any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) content provided by us; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the service). In no event will we be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will our total liability to you for all damages, losses or causes or action exceed one hundred United States dollars.

You agree that in the event you incur any damages, losses or injuries that arise out of acts or omissions by us, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by us.

We are not responsible for the actions, content, information or data of third parties, and you release us, collectively and individually, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (1) your Content or your access to or use of the Service; (2) your breach or alleged breach of these Terms of Use; (3) your violation of any third-party right, including without limitation any copyright or intellectual property right, publicity, confidentiality, property or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation all regulatory, administrative and legislative authorities; or (5) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Arbitration

You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the Service and rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and we expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor us can require the other to participate in an arbitration proceeding. To opt out, you must notify us by email within 30 days of the date that you first became subject to this arbitration provision. You must email your opt-out request to [email protected] and you must include your name and residence address, the email address you use for your account on our Service, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Amendments

We reserve the right to amend these Terms of Use at any time and to notify you by posting an updated TOS on our website and announcing such update on our homepage for at least five (5) days following the date of such update. Your use of the Service after such update shall be deemed to constitute irrevocable acceptance by you of such amendments, modifications or new conditions.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with us exclusively in a state or federal court located in Santa Barbara County, California, and to submit to the personal jurisdiction of the courts located in the said county for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us.

You and we acknowledge and agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such action is permanently barred.

Entire Agreement

We may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

The effective date of these Terms of Use is January 10, 2014. These Terms are written in English. To the extent that any translated version of these terms conflicts with the English version, the English version controls.



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