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Streaming Media Server Terms of Use


Streaming Media Server Terms of Use

This web utility has been designed to allow UA faculty and students an easy way to upload an audio or video file to an encoder that would convert the file from its current format to a Flash based streaming media file. Users will receive a URL that they can share with other members of the University of Akron community that will permit viewing (only) of the media file.  The media is only accessible with a valid UANet ID.  The use of the Streaming Media Server is for educational uses only and specifically for use related to an academic course.  

Primary Purpose: This web utility is provided to faculty and students to:

  • Support instructors wishing to publish audio/video-based instructional materials, which they either have solely created or for which they have obtained all necessary rights and permissions, into the Springboard LMS as content for the benefit of their students.
  • Support students who produce audio/video-based files as course assignments to place a link to the streaming file in the course Dropbox within Springboard for evaluation purposes – rather than uploading the large file.

Additional Benefits

  • With raw audio or video files the entire file must be downloaded and cached on the local computer before it can be played. Therefore a copy of the file will reside on the destination computer
  • Streaming media does not require that the viewer download the entire file.  As the buffer is filled and the media begins to play, the viewer will be able to view the file. This format is very difficult to copy so the rights of the creator of the file are more protected.
  • Streaming files are smaller so they are easier to share over the Internet.

This service is provided solely for the purpose of encoding the individual’s original materials and/or non-copyright protected audio and video material.

All users are required to authenticate into the Flash Encoding Utility with an active UAnet ID and password. These credentials will be attached to the file for audit and security control purposes.

If you agree with these terms and conditions set out below select the “I Agree” button and proceed to the encoding interface and authentication screen.

Terms and Conditions

  • By using and/or visiting this Streaming Media Server, you signify your agreement to these terms and conditions (the "Terms of Service").  If you do not agree to any of these terms, please do not use the Streaming Media Server.
  • You agree to use the Streaming Media Server for education use only. The Streaming Media Server may not be used for personal or commercial use.
  • Your actions and the materials that are placed on the Streaming Media Server are subject to all terms and conditions of use for the Streaming Media Server, all University Rules and Polices, including but not limited to the policy governing the Access and Acceptable Use of University Computer and Informational Resources and the Code of Student Conduct.  Your use of the Streaming Media Server also shall comply with all applicable international, federal, state and local laws and regulations, including but not limited to all applicable copyright laws.
  • You understand and agree that when using the Streaming Media Server, you may be exposed to User Submissions from a variety of sources, and that University is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against University with respect thereto.
  • The Streaming Media Server allows users to submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, the University does not guarantee any confidentiality with respect to any User Submissions.
  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the University to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Streaming Media Server and these Terms of Service.  This includes any background music or copyrighted materials within your submission.  In cases where the University is the owner of the copyright on the submission, the University will authorize the use of the materials on the Streaming Media Server, but all rights are reserved.
  • For clarity, you retain all of your ownership rights in your User Submissions, subject to the ownership rights of any third parties, including those of the University.  However, by submitting User Submissions to the Streaming Media Server, you hereby grant the University a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Streaming Media Server, including without limitation for promoting and redistributing part or all of the Streaming Media Server in any media formats and through any media channels. You also hereby grant each user of the Streaming Media Server a non-exclusive license to access your User Submissions through the Website. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Streaming Media Server.  You understand and agree, however, that University may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
  • In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the University all of the license rights granted herein. The University specifically disclaims any responsibility for claims arising from User Submissions that are in violation of this representation.  Users who provide User Submissions in violation of this representation shall be solely responsible for, and shall indemnify and hold the University harmless against, any and all claims, losses, damages or expense, including but not limited to attorneys fees, arising from such Use Submission.
  • University does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and University expressly disclaims any and all liability in connection with User Submissions. University does not knowingly permit copyright infringing activities and infringement of intellectual property rights on its Streaming Media Server, and University will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. University reserves the right to remove Content and User Submissions without prior notice and all Users consent to such removal by University.
  • University reserves the right, in its sole judgment, to determine the Users access to the Streaming Media Server.
  • The Streaming Media Server is subject to the restrictions of the applicable provisions of the Digital Millennium Copyright Act.  If you identify any possible violations please contact Zip Support Center at supportdesk@uakron.edu or 1-330-972-6888.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE STREAMING MEDIA SERVER SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIVERSITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UNIVERSITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STREAMING MEDIA SERVER.

10. Limitation of Liability

IN NO EVENT SHALL UNIVERSITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UNIVERSITY WEBSITE, AND/OR (VII) ANY CLAIM THAT MATERIALS POSTED ON THE SITE VIOLATE A THIRD PARTIES’ PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK OR  PATENT RIGHTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE UNIVERSITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UNIVERSITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Streaming Media Server is controlled and offered by University from its facilities in the United States of America. University makes no representations that the Streaming Media Server is appropriate or available for use in other locations. Those who access or use the Streaming Media Server from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless the University, its 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 attorney's fees) arising from: (i) your use of and access to the Streaming Media Server; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Streaming Media Server.

Copyright information

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

What is copyright? Copyright is the legal protection given to original works of authorship, including literary, dramatic, musical, graphic and audiovisual creations. "Copyright" literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.

What is copyright infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

Posting copyright-infringing content can lead to the termination of your account, and possibly monetary damages if a copyright owner decides to take legal action (this is serious—you can get sued!).
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video may be infringing the copyrights of others, and may be subject to removal.

If you would like to learn more about the law in this area and copyright in general, you can find good information at the following website:

The University of Akron

Akron, OH 44325
Phone: 330-972-7111
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