Media Library Terms and Conditions
By registering for, accessing, or viewing content in this Brigham Young University (“BYU”) Continuing Education media library (the “Media Library”) which may also be known as InspirED, you (the “Participant”) agree to following Terms and Conditions (these “Terms and Conditions”).
1. Acceptance of and Adherence to Program Policies. The Participant accepts and agrees to adhere to the Program Policies (“Program Policies”), which are: the Media Library Subscription policy, attached hereto as Attachment A; the BYU Privacy Notice, which is incorporated into these Terms and Conditions; all Media Library user instructions; and BYU policies that are applicable to the Participant’s use of the Media Library, all as updated from time to time. For example, all content available through the Media Library is protected by copyright and the Participant must adhere to BYU’s Copyright Policy and Intellectual Property Policy, both as updated from time to time. Other BYU policies that the Participant must adhere to include but are not limited to BYU’s Accounts Receivable Policy, Fraud Policy, and University Trademark Protection and Licensing Services Policy, all as updated from time to time. Program Policies are subject to change at BYU’s sole discretion for a variety of reasons, including health and safety. It is the Participant’s responsibility to read and understand all Program Policies and to stay informed by regularly reviewing Program Policies. Participants found by BYU, in BYU’s sole discretion, to be dishonest in adhering to the Program Policies or who do not comply with the Program Policies may be blocked from accessing the Media Library with no refund. BYU also reserves the right to file any and all claims for any and all damages that may be warranted by any perceived or actual misuse of the Media Library.
2. License. Subject to these Terms and Conditions, BYU hereby grants the Participant a limited, non-exclusive, non-sublicensable, revocable license to view the content accessible through the Media Library. The Participant will not directly or indirectly (a) make the content available to view or listen for any purpose other than personal, non-commercial use; (b) resell, distribute, download, archive, modify, reproduce, publish, display, revise, change, or sublicense the content in the Media Library or grant any third party the right to do so; (c) decompile, reverse engineer, disassemble or otherwise attempt to discover any source code or underlying ideas or algorithms of any software or content accessible through the Media Library or allow any third party to do so; or (d) use BYU’s name or trademarks or any adaptation thereof without separate written permission from BYU for each individual usage. BYU’s rights and Participant’s obligations in this license survive after any cancellation of Participant’s Media Library registration or access by either BYU or the Participant.
3. Disclaimer of Warranties. The content, information, and services of the Media Library are provided “as is” with no representation or warranties of any kind, either express or implied.
4. Governing Law, Venue and Jurisdiction. The laws of the State of Utah, without giving effect to its conflicts of law principles, govern all matters relating to these Terms and Conditions. BYU and the Participant submit to the jurisdiction of and venue in the federal and state courts located within the State of Utah. Any legal action arising out of or related to the Participant’s use of the Media Library, including torts, must be initiated exclusively in the federal courts of the United States located in Salt Lake City, or the courts of the State of Utah located in Utah County.
5. Legal Responsibility. Participant certifies that to the best of his or her knowledge, Participant’s registration, payment, and access to the Media Library all accord with the law of the Participant’s jurisdictions and the United States and do not contravene local or United States economic or trade sanctions or other legal restrictions.
6. Downtime. BYU will take reasonable measures to avoid excessive breaks, low accessibility, delays, unavailability, or other disruptions of access to the Media Library (collectively, “Downtime”). No Downtime is a breach by BYU of these Terms and Conditions or the license herein if the delay or nonperformance is not the result of BYU’s willful misconduct or gross negligence.
7. Limitation of Liability. In no event will BYU be liable for any ordinary, special, incidental, punitive, indirect, exemplary or consequential damages whatsoever arising out of or related to these Terms and Conditions whether in tort (including negligence), contract or any other legal theory, even if the Participant has been advised of the possibility of such damages.
8. Indemnification. Participant shall indemnify, hold harmless, and defend BYU, its officers, employees, volunteers, and agents (the “Indemnified Parties”) from and against any and all claims, causes of action, liabilities, obligations, losses, damages (including punitive damages), settlement payments, costs and expenses (including reasonable attorney’s fees), interest, awards, judgments, diminution in value, fines, fees, penalties, or other charges arising out of or relating to the Participant’s registration, access to, or use of the Media Library.
9. Severability. If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, that provision is severed from the Terms and Conditions, and the remaining Terms and Conditions remain in effect if the essential business and legal provisions remain valid, binding, and enforceable.
Attachment A: Media Library Subscription Policy
Participants found by BYU, in BYU’s sole discretion, to be dishonest in adhering to the Program Policies or who do not comply with Terms and Conditions (which include this and other Program Policies) may be blocked from accessing the Media Library with no refund.
To use the Media Library, the Participant must provide one or more Payment Methods, (for example, a valid credit card to be charged or bank account to be debited by BYU) (“Payment Methods”). BYU has sole discretion to determine what Payment Methods BYU will accept. By providing any Payment Method, the Participant authorizes BYU to charge any Payment Method associated to any of the Participant’s account(s) with BYU, in the event the primary Payment Method is declined or no longer available to BYU for payment for the Media Library. The Participant remains responsible for any uncollected amounts. If a payment is not successfully settled (in BYU’s sole discretion), due to expiration of a Payment Method, insufficient funds, or any other reason, BYU may suspend access to the Media Library until BYU has successfully charged a valid Payment Method. The Participant remains responsible for any fees charged by the Participant’s Payment Method provider (banking charges, credit card fees, other transaction fees, etc.).
Payment of Financial Obligations
The Participant is fully responsible to pay all fees and other associated costs assessed as a result of the Participant’s registration and BYU’s provision of access to Media Library services. If all charges incurred are not paid timely (as determined by BYU in BYU’s reasonable discretion) and if, for the purposes of collecting the amount due, BYU should retain an attorney or collection agency, the Participant must pay all costs of collection including reasonable interest, reasonable attorney's fees, and reasonable collection agency fees, which may be based on a percentage at a maximum of 40% of the debt. BYU or its agent may contact the Participant by email or cell phone in an effort to collect the debt. BYU or its agent may use automated telephone dialing equipment to use artificial or pre-recorded voice messages in their efforts to contact the Participant. The Participant may withdraw his or her consent for BYU to use automated telephone dialing equipment or artificial or prerecorded voice messages by submitting such request to the BYU Collections Office verbally or in writing at D-151 ASB, Provo, UT 84602, (801) 422-4104. The Participant may also use YMessage, BYU’s secure form of communication, to withdraw consent. If an agent is acting on behalf of BYU, the Participant may withdraw consent in writing to the applicable agent. BYU may report delinquent accounts to one or more of the national credit reporting agencies.
Fees for use of the Media Library and any other charges BYU may charge the Participant in connection with the Participant’s use of the service will be charged to the Participant’s Payment Method as indicated in the Participant’s account, as updated from time to time. Fees are fully earned upon payment. BYU may change the payment date at any time, in BYU’s reasonable discretion. BYU, in its sole discretion, may charge a Payment Method in anticipation of subscription or service-related charges through various methods, including charging it up to approximately one month of service as soon as the Participant registers or as soon as the Media Library is used or accessed in connection with the Participant’s account.
Updating your Payment Methods
The Participant can update his or her Payment Methods. BYU may also update the Participant’s Payment Methods using information provided by the payment service providers. The Participant authorizes BYU to continue to charge updated Payment Method(s).
The Participant can cancel his or her access to the Media Library at any time, and the Participant will continue to have access to the Media Library through the end of the then-current billing period, as determined by BYU. Upon cancellation, the Participant’s access to the Media Library will automatically close at the end of the then-current billing period, as determined by BYU.
Changes to Price, Access, and Billing Periods
BYU may change Media Library price, access, and billing periods from time to time. BYU will take reasonable measures to ensure that any price, access, or billing period changes will apply no earlier than 30 days following notice the Participant and opportunity to cancel rather than accept the change.
Payments are nonrefundable and there are no refunds or credits for partially used access or billing periods. Following any cancellation, however, the Participant will continue to have access to the Media Library through the end of the then-current current billing period, as determined by BYU. At any time, and for any reason, BYU may choose to provide a refund, discount, or other consideration to some or all Media Library users ("Credits"). The amount and form of Credits, and the decision to provide them, are at BYU’s sole and absolute discretion. The provision of Credits in one instance does not entitle any Participant or other party to Credits in the future for similar instances, nor does it obligate BYU to provide Credits in the future, under any circumstance.