Last updated: 10 August 2015
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."
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.
2.8 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.
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.
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 firstname.lastname@example.org 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 email@example.com.
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.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
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 firstname.lastname@example.org. 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.