We (the educators at LitMUSE, generally, and Dr. Gerald R. Lucas, specifically) run a blog and courseware web site called LitMUSE. Our service is about trying to give students a fuller access to their education by making content available online (litmuse.net) and by providing a community of learners who participate in making their own knowledge (litmuse.edu). Our service is designed to give you, the students, as much control and ownership over what goes on in the electronic classroom as possible and encourage you to express yourself freely. However, be responsible in what you publish.
Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the Web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web site or use any services. If these terms and conditions are considered an offer by LitMUSE, acceptance is expressly limited to these terms. The Web site is available only to individuals who are at least 13 years old and are current or former students of Dr. Gerald R. Lucas.
Your LitMUSE Account and Site
If you create a blog on the Web site, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LitMUSE may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LitMUSE liability. You must immediately notify LitMUSE of any unauthorized uses of your blog, your account or any other breaches of security. LitMUSE will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a blog, comment on a blog, post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by LitMUSE or otherwise.
By submitting Content to LitMUSE for inclusion on your Web site, you grant LitMUSE a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, LitMUSE will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, LitMUSE has the right (though not the obligation) to, in LitMUSE’s sole discretion (i) refuse or remove any content that, in LitMUSE’s reasonable opinion, violates any LitMUSE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in LitMUSE’s sole discretion. LitMUSE will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment
LitMUSE will never charge for its services.
As mentioned above, all support will come through LitMUSE’s online documents and Dr. Gerald Lucas. Macon State College is in not way responsible for supporting LitMUSE or its services.
Responsibility of Web site Visitors
LitMUSE has not reviewed, and cannot review, all of the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Web site, LitMUSE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LitMUSE disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
Content Posted on Other Web sites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web sites and webpages to which LitMUSE links, and that link to LitMUSE. LitMUSE does not have any control over those non-WordPress Web sites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress Web site or webpage, LitMUSE does not represent or imply that it endorses such Web site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LitMUSE disclaims any responsibility for any harm resulting from your use of non-WordPress Web sites and webpages.
Copyright Infringement and DMCA Policy
As LitMUSE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LitMUSE violates your copyright, you are encouraged to notify LitMUSE. LitMUSE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LitMUSE or others, LitMUSE may, in its discretion, terminate or deny access to and use of the Web site. In the case of such termination, LitMUSE will have no obligation to provide a refund of any amounts previously paid to LitMUSE.
This Agreement does not transfer from LitMUSE to you any LitMUSE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LitMUSE. LitMUSE, the LitMUSE logo, and all other trademarks, service marks, graphics and logos used in connection with LitMUSE, or the Web site are trademarks or registered trademarks of LitMUSE or LitMUSE’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any LitMUSE or third-party trademarks.
LitMUSE reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. LitMUSE may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
LitMUSE may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately, especially if a student is no longer registered for a particular section of Dr. Lucas. If you wish to terminate this Agreement or your LitMUSE account (if you have one), you may simply discontinue using the Web site.
Disclaimer of Warranties
The Web site is provided “as is.” LitMUSE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither LitMUSE nor its suppliers and licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
Limitation of Liability
In no event will LitMUSE, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LitMUSE under this agreement during the twelve (12) month period prior to the cause of action. LitMUSE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless LitMUSE, Macon State College, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Web site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between LitMUSE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LitMUSE, or by the posting by LitMUSE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bibb County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bibb County, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LitMUSE may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.