The Great Courses Daily Terms and Conditions

Effective January 1, 2017

 

Acceptance of Terms and Conditions

Welcome to The Great Courses Daily. The following Terms and Conditions, which include our Privacy Policy, apply when you view or use the web site www.thegreatcoursesdaily.com and all websites associated with the thegreatcoursesdaily.com domain (our “Site”), whether as a guest or as a registered user. These Terms and Conditions also govern the features and functionalities, our website and user interfaces, and all content associated therewith. By using, visiting, or browsing the Site, you accept and agree to be bound by these Terms and Conditions.

Changes to Terms and Conditions

The Teaching Company Sales, LLC (the “Company” or “we”) reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions, including the Privacy Policy, in our sole and absolute discretion. It is your sole responsibility to check the Site from time to time to view any such changes to these Terms. You will be deemed to have accepted such changes by continuing to use the Site. The most current version of these Terms and Conditions can be reviewed by visiting our website and clicking on “Terms and Conditions” located at the bottom of the pages of the Site. The most current version of the Terms and Conditions will supersede all previous versions.

Information about Us

Our Site is a web site operated by The Teaching Company Sales, LLC, 4840 Westfields Blvd., Suite 500, Chantilly, VA 20151-2299 (under the trading name of The Great Courses). If you would like information on how to contact us, click Contact Us or contact@thegreatcoursesdaily.com.

Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions.

Use of Our Site

By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, the following restrictions apply to your use of our Site:

(a) You shall not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
(b) You shall not to interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies or regulations of networks connected to our Site;
(c) You shall not to impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;
(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.

Use of Our Streaming Service

In addition to linking to our own websites (thegreatcourses.com and thegreatcoursesplus.com) and third party sites, we may provide access to our content on this site via digital streaming over the internet to certain devices (“Streaming Service”). We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Streaming Service. Streaming Services may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, some or all of the content on this Site enabled by Streaming may be available temporarily. The Company makes no representations or warranties about the quality of Streaming Service.

User Created Content

We may permit you to post or send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to Products and Services (each a “Response”).

(a) Restrictions on Response Content

You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies. We do not regularly review the Responses posted on our Site; however, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.

(b) Use of Responses: License Grant

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, advertising and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future. By submitting a response, you understand and agree that you are consenting to the release of all information provided in your Response, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your responses to be shared in a public forum, do not use the Response feature on our Site.

Privacy

Please review our Privacy Policy, which also governs your visit to, and any orders from, our Site, to understand our practices in relation to any personal information you provide.

Consent to Cross-border Transfers

You acknowledge that the data collected via our Site will be stored in servers located within the United States. Further, you acknowledge that any personal information you provide us may, at times, be accessible by individuals may be located worldwide including in countries that may have not been determined to provide the same level of data protection as in your country. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Site privacy policy, including, without limitation, the transfer of your personal information across international boundaries.

Linking to and Links from Our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those web sites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for and do not warrant any materials, information, goods or services available through any linked websites. These third party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

Unless otherwise specified, the content contained on or viewed from our Site, is for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable, license for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, our Site, without our express written consent.

 

Intellectual Property

Trademarks.

The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks.

Site Contents and Copyright.

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, or other Company materials contained on, accessible from or available through our Site, and their arrangement on this Site (“Company Intellectual Property”), are all subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Access is granted to this Site solely for your use of Company content for personal entertainment, information and education, as well as communication with the Company. You agree not to resell, copy, or redistribute The Great Courses Daily materials, nor may you use it for any commercial purpose.  No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All such rights in Company Intellectual Property not expressly granted by the Company are reserved. You are not permitted to modify the paper or digital copies of Company Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

Copyrights and Digital Millennium Copyright Act Agent.

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is The Teaching Company Sales, LLC’s General Counsel, and the the agent can be reached at: 4840 Westfields Blvd. Suite #500, Chantilly, Va. 20151 or via email at legal@teachco.com or contact@thegreatcoursesdaily.com.

DMCA Infringement Notification.

To be effective, your infringement notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
  5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
  6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. We will remove or disable access to the content that is alleged to be infringing;
  2. We will forward the written notification to the alleged infringer; and
  3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:

  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and
  4. The alleged infringer’s name, address, and telephone number, and a statement that the person consents to the jurisdiction of the federal district court for the judicial district in which the person’s address is located, or if the person’s address is outside of the United States, or any judicial district in which Company may be found, and that the person will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.

Our Liability

Commentary, testimonials, reviews, and other materials posted on our Site, along with the Site’s Content, are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

(a) Disclaimers of Warranties and Limitations on Liability

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, SITE CONTENT, AND OUR PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, ITS CONTENT, OUR SERVICES, AND ALL AND SOFTWARE ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SITE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SITE). WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE SITE OR ANY ASSOCIATED STREAMING SERVICE, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON OUR SITE. EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE SITE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY.

IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, OUR CONTENT, OUR PRODUCTS OR SERVICES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE OUR SITE AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED $100THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS AND CONDITIONS, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS AND CONDITIONS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(b) Indemnity

You agree to defend, indemnify and hold harmless the Company, its parent corporation, its affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.

Transfer of Rights and Obligations

These Terms and Conditions and any Contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions, or any of our rights or obligations arising under them, at any time.

Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Notice and Consent to Electronic Communications.

When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.

Law and Jurisdiction

Any dispute or claim arising out of or in connection with our Site or its use (including contractual and non-contractual disputes or claims) will be governed by governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of law provisions. and shall be subject to the exclusive jurisdiction of the federal and state courts located in Fairfax, Virginia.