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Terms of Service

Thank you for your interest in Michigan Online Global Classroom!

Michigan Online Global Classroom (“MOGC”) is a noncredit online learning experience platform developed by the University of Michigan’s Center for Academic Innovation using Open edX®.

Please read these Terms of Service (“TOS,” “Agreement”) carefully prior to registering for an MOGC account or using the MOGC website, including all content, pages, and courses within the openedx.ai.umich.edu web domain (collectively, “Services”). You may use our Services only in compliance with these TOS and all applicable laws. Use by anyone under the age of 13 is prohibited. By using our Services, you agree to be bound by these TOS, including the policies referenced in these TOS.

This Agreement is made by and between the Regents of the University of Michigan ("Michigan," “we,” “us,” “our”), a constitutional corporation of the state of Michigan, and you, the user (“Licensee.” “you,” “your”).

BACKGROUND

  1. The University of Michigan’s Center for Academic Innovation (“CAI”) has developed Services; and

  2. Licensee desires to obtain, and Michigan, consistent with its mission of education and research, desires to grant a license to use these Services subject to the terms and conditions set forth below.

The parties therefore agree as follows:

  1. LICENSE

    Michigan hereby grants to Licensee, subject to these TOS and policies referenced in these TOS (including the CAI’s Privacy Policy and CAI’s Learner Engagement Policy), a non-exclusive, non-transferable right to use the Services. You may access and download content from our Services only for your personal, non-commercial use. You agree to never share access to your account or with any third party and you acknowledge that using our Services does not give you ownership of or any intellectual property rights in our Services, including content and materials featured in learning experiences.

  2. LIMITATION OF LICENSE AND RESTRICTIONS

    1. Licensee agrees to use the Services only for Licensee's sole and exclusive personal, educational, and non-commercial use, and shall not disclose, sell, license, or otherwise distribute the Services, in whole or in part, to any third party without the prior written consent of Michigan. Licensee may not use the Services as part of any revenue-generating activities.

    2. Licensee shall not use, print, copy, translate, reverse engineer, decompile, disassemble, modify, create derivative works of or publicly display the Services, in whole or in part, unless expressly authorized by this Agreement. Furthermore, Licensee shall not use the Services to harm, threaten, or harass another person, organization, or Michigan and/or to build similar websites or services.

    3. All user data collected through the Services is subject to CAI’s Privacy Policy. Any data downloaded from the Services by the Licensee may be used by Licensee for personal and educational purposes only.

    4. No ownership rights of Michigan in the Services are conferred upon Licensee by this Agreement. Michigan retains all rights and interests in the Services and reserves all rights not expressly granted under this Agreement. Licensee agrees to secure and protect the Services in a manner consistent with the maintenance of Michigan's rights in the Services.

    5. Licensee’s use of Services, including registration in any courses, does not constitute or qualify the Licensee for enrollment as a student at the University of Michigan. Further, such use does not entitle the Licensee to use any resources offered by the University of Michigan for its students beyond what is included as Services in this TOS.

    6. Michigan reserves the right to cancel, interrupt, reschedule, or modify any Services, including individual courses and content and assignments featured therein at any time and for any reason.

    7. Unless otherwise stated, Michigan makes no representation regarding the academic or professional value of any completion certificates or other records available through MOGC. Likewise, such courses are not, unless otherwise stated, intended to satisfy prerequisites for licensure or lead to similar credentials for any profession in any state or in any country or region. Participation in or completion of courses made available through MOGC does not confer any academic credit, and Michigan has no obligation to the Licensee to seek recognition or an award of academic credit by any educational institution or accreditor.

  3. USER CONTENT

    1. Licensee is solely responsible for all video, audio, images, text, and other content uploaded, transmitted, or created by Licensee through or with the Services (“User Content”). Licensee represents and warrants that Licensee owns or has a license to use its User Content, and that its User Content does not violate the law or infringe, misappropriate or violate the rights, including intellectual property rights, of any other person or entity. Licensee must remove any User Content if Licensee no longer has the rights to such User Content. Michigan has no obligation to monitor User Content and is not liable to Licensee or to any other person or entity for any content, information or misinformation contained in any User Content. Notwithstanding the foregoing, Michigan reserves the right to remove User Content without notice if it deems, in its sole discretion, that User Content is in violation of the terms of this Agreement. Licensee is solely responsible for saving, storing and otherwise maintaining copies of User Content to prevent loss.

    2. Licensee agrees to abide by CAI’s Learner Engagement Policy when participating in learning experiences made available through MOGC.

    3. Licensee grants Michigan a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, re-format, rearrange, distribute, and create derivative works of any User Content provided to or through the Services. This license is limited to the purposes of performing research related to the effectiveness of the Services, evaluating the performance of users, and making the Services available to users.

    4. Licensee grants other users a non-exclusive right to modify and adapt User Content that Licensee has submitted for educational purposes consistent with any additional terms set forth in a course syllabus or other course materials, as applicable.

    5. If Licensee provides Michigan with any suggestions, ideas, feedback, reports, error identifications or other similar information related to the Services (“Feedback”), Licensee hereby assigns to Michigan all right, title and interest in and to all Feedback, including all intellectual property rights therein, and shall assist Michigan in perfecting such rights and obtaining assignments of such rights from all individuals involved in generating the Feedback. In instances where Michigan uses Feedback to enhance the Services in any way, Licensee will not be considered an “Inventor” pursuant to the University of Michigan Technology Transfer Policy (SPG 303.04).

    6. Michigan enforces copyright law and protects its own as well as the rights of others. If a copyright holder has a concern regarding the unauthorized use of copyrighted material on the Services or any site on the umich.edu network, please contact Michigan’s designated Digital Millennium Copyright Act (DMCA) agent, Sol Bermann, using the contact information provided below. Michigan will only process complaints that are sent to the email address below, which has been registered with the U.S. Copyright Office.

      Sol Bermann
      Executive Director of Information Assurance and Chief Information Security Officer
      University of Michigan
      950 Victors Way, Suite 10
      Ann Arbor, MI 48108-5218
      dmca.notices@umich.edu

      The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

      • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

      • Description of the copyrighted work claimed to have been infringed, including URL of any web site;

      • Description of the material that is claimed to be infringed with information sufficient to permit the university to locate the material;

      • Contact information for the owner or agent, including name, address, telephone number, and email address;

      • A statement that the copyright holder or authorized agent has a good faith belief that use of the copyrighted material complained of is not authorized by the copyright owner, agent or the law; and

      • A statement made under penalty of perjury that the information in the notification is accurate.

  4. PAID SERVICES

    Michigan offers certain paid Services through MOGC (e.g., courses offered for a fee). All fees are listed in U.S. Dollars unless otherwise stated. You are responsible for paying all fees charged and applicable taxes in a timely manner using the payment mechanism associated with the paid Service.

  5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

    1. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICHIGAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET LICENSEE REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. Michigan shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from this Agreement or use of the Services, even if Michigan has been or is hereafter advised of the possibility of such damages. Because some states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to Licensee. In no event, however, will Michigan be liable to Licensee, under any theory of recovery, in an amount in excess of any fees paid by Licensee under this Agreement.

    2. Licensee agrees that Michigan has no obligation to provide to Licensee any maintenance, support, or update services. Should Michigan provide any revised versions of the Services to Licensee, Licensee agrees that this license agreement shall apply to such revised versions.

  6. INDEMNIFICATION

    Licensee agree to hold Michigan and its affiliates, agents, employees, and licensors harmless from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to the Services, Licensee’s use of the Services, Licensee’s violation any law or regulation, Licensee’s violation of any proprietary or privacy right, or Licensee’s violation of this Agreement.

  7. TERMINATION

    If Licensee at any time fails to abide by the terms of this Agreement, Michigan shall have the right to immediately terminate the license granted herein, require the return or destruction of all copies of the Services from Licensee and certification in writing as to such return or destruction, and pursue any other legal or equitable remedies available.

  8. MISCELLANEOUS

    1. Licensee shall not assign this Agreement, and any attempt by Licensee to assign it shall be void from the beginning.

    2. This Agreement shall be construed in accordance with the laws of the state of Michigan. Should Licensee for any reason bring a claim, demand, or other action against Michigan, its agents or employees, arising out of this Agreement or the Services licensed herein, Licensee agrees to bring said claim only in the Michigan Court of Claims.

    3. THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN MICHIGAN AND LICENSEE AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS AND OTHER COMMUNICATIONS, VERBAL OR WRITTEN, BETWEEN THEM WITH RESPECT TO USE OF THE SERVICES. THIS AGREEMENT MAY BE MODIFIED ONLY WITH THE MUTUAL WRITTEN APPROVAL OF AUTHORIZED REPRESENTATIVES OF THE PARTIES.

    4. The terms and conditions of this Agreement shall prevail notwithstanding any different, conflicting, or additional terms or conditions which may appear in any purchase order or other document submitted by Licensee. Licensee agrees that such additional or inconsistent terms are deemed rejected by Michigan.

    5. Unless otherwise exempt therefrom, Licensee agrees that it will be responsible for any sales, use or excise taxes imposed by any governmental unit in this transaction except income taxes.

    6. Licensee acknowledges that the Services is of United States origin. Licensee agrees to comply with all applicable international and national laws that apply to the Services, including the United States Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States.

    7. Michigan reserves the right to modify these TOS at any time and without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date located at the top of this page. By continuing to use Services after any changes have been made, you signify your agreement to the modified TOS and all of the changes.