Streaming Service - Website Terms of Use

Last updated: 10 August 2015

  1. INTRODUCTION

Kanopy ("we" or "us") provides an online video streaming service (referred to herein as the "Streaming Service") as well as the Kanopy Website ("Website"). Through the Streaming Service and Website, Kanopy delivers a variety of content including videos, audio, images, and text (the "Content"). The Content, the Website and the Streaming Service are referred to collectively as the "Kanopy Network."

Your use of the Kanopy Network is governed by these terms of use ("Terms of Use") and any other agreement that you might enter into with us from time to time. By accessing and using the Kanopy Network, you agree to the terms and conditions in these Terms of Use. Any new features or tools that are added to the Kanopy Network shall also be subject to these Terms of Use.

We may amend these Terms of Use at any time without notice by posting the amended Terms of Use on the Website and Streaming Service located at http://www.KanopyStreaming.com/terms. Any amendment to these Terms of Use will be effective immediately. Your continued use of the Kanopy Network following any update or change of the Terms of Use will signify your acceptance of such revised terms. You waive any right you may have to receive special notice of such updates or changes and, you must stop using the Kanopy Network should you not agree to the revised terms.

  1. ACCESS TO AND USE OF THE STREAMING SERVICE

2.1 Access Kanopy grants you permission to use the Kanopy Network under these Terms of Use, provided that: (i) you use the Kanopy Network only for personal, internal, noncommercial purposes (please contact Kanopy regarding the terms of a commercial license); (ii) you refrain from copying or distributing any part of the Kanopy Network in any medium without Kanopy's prior written authorization; (iii) you refrain from modifying any part of the Network, other than as permitted according to the site's general user interface and the Network's purpose; and (iv) you otherwise comply with these Terms of Use.

You may only access the Streaming Service if you are an authorized user. An authorized user is someone who accesses the Streaming Service after being securely authenticated by his or her institution as per the authentication processes provided for by that institution. You may only use the Streaming Service, including accessing and viewing the Content through the video player we provide (the "Video Player") in accordance with these Terms of Use. You may not use the Streaming Service or the Content for commercial purposes.

2.2 The Content You may not either directly or through the use of any device, software, or other means (a) remove, alter, bypass, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, content protection or access control measure associated with the Content; or (b) copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, sell, transmit or retransmit the Content (other than via the tools and functionality we provide you with) unless we authorize you in writing. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless we authorize you in writing.

You understand that by using the Streaming Service, you may encounter content that may be deemed offensive, indecent or objectionable, which Content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Streaming Service at your sole risk, and Kanopy shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Kanopy does not guarantee their accuracy.

2.3 The Video Player & Streaming You may only access the Content via the Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner.

When you view Content on Kanopy, the resolution and quality of the Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Content you will receive when streaming.

2.4 Ownership You agree that Kanopy owns and retains all rights to the Streaming Service. You further agree that the Content you access and view as part of the Streaming Service is owned or controlled by Kanopy and Kanopy's licensors. Copyright, trademark and other intellectual property laws protect the Streaming Service and the Content. You must not use the Content or the Streaming Service in a way that violates any applicable laws.

2.5 Your Responsibilities You must not introduce any viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Streaming Service, the Streaming Service or any associated computer software or hardware. In addition, you must not use the Streaming Service to advertise or promote products or services, or provide or make unsolicited communications, in any manner whatsoever.

2.6 Downloads From time to time, we may notify you that it is necessary to download software or other materials (or agree to additional terms and conditions) in order to access particular Content. Unless otherwise provided by those additional terms and conditions, they are hereby incorporated into these Terms of Use.

2.7 Breach If you violate any of these Terms of Use, we may, either directly or indirectly, (i) notify you, and/or (ii) use technical measures to block or restrict your access or use of the Streaming Service. In either case, you agree to immediately stop accessing or using (or attempting to access or use) the Streaming Service in any way and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

2.8 Suspension/Discontinuation At any time, we may be compelled by applicable law or other legal obligation to withdraw one or more pieces of Content from the Content available to you. We accept no responsibility whatsoever for any loss you may suffer in such an event.

2.9 Authentication Your institution that makes the Streaming Service and Content available to you is solely responsible for authenticating users and ensuring that you are an authorized user. You must not access the Streaming Service in any way that breaches, bypasses or disrupts this authentication process.

  1. ACCESS TO AND USE OF THE WEBSITE

3.1 Ordering Content Our Website may allow you to order access to Content on the Streaming Service for you and/or your Institution rent for viewing over a limited period of time, or access Content on a free trial or promotional basis for viewing over a limited period of time. The basis on which Content is available on the Streaming Service to you will be indicated on the Website, any order/invoicing documentation assoicated with your order/request, or any communications with you directly from authorized Kanopy staff. From time to time, we may add or remove Content from the Website and may change the basis on which Content is available. Additional terms related to any orders you place (e.g. purchasing terms, refund policy, and certain other licensing or subscription terms) may be indicated on the informational pages for the Product or during the ordering process.

3.2 Availability of Content If you order or purchase access to Content through our Website, the details of access will be provided to you shortly thereafter and we will work with you to ensure that access is set up to align with your institution's authentication needs. Access to the Content will generally continue for streaming from the Streaming Service, as applicable, for the time period you have ordered access for.

  1. COLLECTION AND USE OF PERSONAL INFORMATION In order to access some features of Kanopy's Network, you will have to create an account and provide certain pieces of personal information. Any information received is subject to our privacy terms: www.kanopystreaming.com/privacy

You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kanopy immediately of any breach of security or unauthorized use of your account. (Please contact help@kanopystreaming.com to report any problems.) Although Kanopy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kanopy or others due to such unauthorized use.

If you have any queries in relation to collection, use or disclosure of your personal information by us, please email help@kanopystreaming.com.

  1. TRADEMARKS Kanopy, the Kanopy logo, www.kanopy.com.au, www.kanopyplay.com, www.kanopy.tv, and www.kanopystreaming.com are unregistered trademarks of Kanopy. None of the Kanopy trademarks may be copied, downloaded, or otherwise exploited.

  2. LIMITATION OF LIABILITY To the maximum extent permitted by law: our aggregate liability to you, whether for breach of these Terms of Use, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these Terms of Use, the Kanopy Network, the Streaming Service or any Content is limited to USD$100. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (iii); we will not be liable for any incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Kanopy Network, the Streaming Service or any Content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and all express or implied warranties, representations, statements, terms and conditions relating to this agreement or its subject matter, not contained in this agreement, are excluded from this agreement. However, nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified. If any condition or warranty is implied into this agreement under any legislation and cannot be excluded, then our liability for breach of the condition or warranty is limited to one or more of the following at our option: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (2) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

  3. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

7.1 Copyright Notice The Content is protected by copyright, amongst various other intellectual property laws in all jurisdictions. Copyright in the Content must not be infringed. Much of the Content has been licensed to Kanopy by Kanopy's licensors and may only be used in accordance with these Terms of Use. Use of the Content for any other purposes may infringe copyright and may lead to prosecution. The Content may not be edited, duplicated, broadcast or communicated, transmitted by cable or otherwise transmitted on any multi receiver, open or closed circuit system, whether or not admission is charged, without our prior written permission.

The Content made available through the Streaming Service may only be used and viewed in accordance with these Terms of Use by an authorized user of the educational institutions licensing the Content.

7.2 Take-down Procedure If you believe that any Content, User Material, or other material provided through the Streaming Service, including through a link, infringes your copyright, you should notify Kanopy of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Kanopy receives and take appropriate action in accordance with applicable intellectual property laws.

A notification of claimed copyright infringement should be emailed to Kanopy at help@kanopystreaming.com. The notification must contain the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material is located on the Streaming Service; (iii) how Kanopy can contact you, such as your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you that the above information in your notice is accurate and that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

  1. GENERAL INFORMATION

8.1 Choice of Law and Forum These Terms of Use are governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to principles of conflicts of law. In the event of a claim under this agreement, you agree to submit to the exclusive jurisdiction of the courts located in Delaware, the United States and waive any right to claim that courts exercising jurisdiction there constitute an inconvenient forum.

8.2 Integration, Amendment, and Severability Please note that these Terms of Use constitute the entire legal agreement between you and Kanopy and govern your use of the Kanopy Network (including your use of the Streaming Service and the Content). These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.