292 lines
15 KiB
HTML
292 lines
15 KiB
HTML
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<section class="tos">
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<div>
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<h1>MITx Terms of Service</h1>
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<p>Welcome to MITx. You must read and agree to these Terms of Service
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("TOS"), MITx’s <a href="/t/privacy.html">Privacy
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Policy</a>, and <a href="/t/honor.html">Honor Code</a> prior to
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registering for this Site or using any portion of this site
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(“Site”) , including accessing any course materials, chat
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room, mailing list, or other electronic service. These TOS, the
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Privacy Policy and the Honor Code are agreements (the
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“Agreements”) between you and the Massachusetts Institute
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of Technology (“MIT”). If you do not understand or do not
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agree to be bound by the terms of the Agreements, please immediately
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exit this site. </p>
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<p>MITx reserves the right to modify these TOS at any time and will
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publish notice of any such modifications online on the
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Site <a href="/t/tos.html">Terms of Service page</a> for a reasonable
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period of time following such modifications, and by changing the
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effective date of these TOS. By continuing to access the Site
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after notice of such modifications has been published, you signify
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your agreement to be bound by them. </p>
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<h2>Description of MITx </h2>
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<p>MITx offers online courses, professor-to-student and
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student-to-student interactivity, individual assessment of a
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student’s work, and the opportunity for students who demonstrate
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their mastery of subjects to earn a certificate or credential awarded
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by MITx. </p>
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<h2>Rules for Online Conduct</h2>
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<p>You agree that you are responsible for your own use of the Site and
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for your User Postings. “User Postings” include all
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content submitted, posted, published or distributed on the Site by you
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or other users of the Site, including but not limited to all forum
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posts, notes, questions, and comments. You agree that you will use the
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Site in compliance with these TOS and all applicable local, state,
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national, and international laws, rules and regulations, including any
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laws regarding the transmission of technical data exported from your
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country of residence and all United States export control laws.
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<p>As a condition of your use of the Services, you will not use the
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Site in any manner that could damage, disable, overburden, or impair
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any MITx server, or the network(s) connected to any MITx server, or
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interfere with any other party's use and enjoyment of the
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Site. You may not attempt to gain unauthorized access to the Site,
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other accounts, computer systems or networks connected to any MITx
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server through hacking, password mining or any other means. You may
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not obtain or attempt to obtain any materials or information through
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any means not intentionally made available through the Site. </p>
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<h2>The following list of items is strictly prohibited on the Site:</h2>
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<ol>
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<li>Content that defames or threatens others
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<li>Harassing statements or content
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<li>Content that discusses illegal activities with the intent to commit them.
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<li>Content that infringes another's intellectual property,
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including, but not limited to, copyrights, trademarks, or trade
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secrets
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<li>Any inappropriate, profane, pornographic, defamatory, obscene,
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indecent, or unlawful content
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<li>Advertising or any form of commercial solicitation
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<li>Political content or content related to partisan political
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activities
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<li>Viruses, trojan horses, worms, time bombs, corrupted files,
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malware, spyware, or any other similar software that may damage the
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operation of another’s computer or property
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<li>Content that contains intentional inaccurate information with the
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intent of misleading others.
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<li>You, furthermore, agree not to scrape, or otherwise download in
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bulk, user-contributed content, a list or directory of users on the
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system, or other material including but not limited to on-line
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textbooks, User Postings, or user information. You agree not to store
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more than 5 pages of the electronic textbook or 5 forum posts in any
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permanent medium (hard drive, optical disk, etc., flash drive, etc.).
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<lu>You agree to not misrepresent or attempt to misrepresent your
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identity while using the Sites (although you are welcome and
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encouraged to use an anonymous username in the forums).
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</ol>
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<h2>User Accounts and Authority</h2>
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<p>In order to participate in Site activities, you must provide an
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email address ("Email Address") and a user password
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("User Password") in order to create a user account
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(“User Account”). You agree that you will never divulge or
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share access or access information to your User Account with any third
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party for any reason. In setting up your User Account, you may be
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prompted or required to enter additional information, including your
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name. You understand and agree that all information provided by you is
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accurate and current. You agree to maintain and update your
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information to keep it accurate and current. </p>
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<p>We consider the confidentiality and security of your information to
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be of the utmost importance. Please see
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our <a href="/t/privacy.html">Privacy Policy</a> for more information
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about what information about you MITx collects and how MITx uses that
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information.</p>
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<h2>Your Right to Use Content on the Site</h2>
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<p>Unless indicated as being in the public domain, all content on the
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Site is protected by United States copyright. The texts, exams and
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other instructional materials provided with the courses offered on
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this Site are for your personal use in connection with those courses
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only. MIT is planning to make MITx course content and software
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infrastructure available under open source licenses that will help
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create a vibrant ecosystem of contributors and further MIT’s
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goal of making education accessible and affordable to the world. </p>
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<p>Certain reference documents, digital textbooks, articles and other
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information on the Site are used with the permission of third parties
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and use of that information is subject to certain rules and
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conditions, which will be posted along with the information. By using
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this Site you agree to abide by all such terms and conditions. Due to
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privacy concerns, student-created content, including all forum posts,
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is all Rights Reserved until released under other terms by MITx. </p>
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<h2>USER POSTINGS</h2>
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<p><strong>User Postings Representations and Warranties.</strong> By
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uploading and publishing your User Postings, you affirm, represent,
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and warrant that you are the creator and owner of or have the
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necessary licenses, rights, consents, and permissions to use and to
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authorize MIT and MITx’s Users to use and distribute your User
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Postings as necessary to exercise the licenses granted by you in these
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TOS and in the manner contemplated by MITx. You, and not MITx, are
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solely responsible for your User Postings and the consequences of
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posting or publishing them.</p>
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<p><strong>Limited License Grant to MIT.</strong> By submitting or distributing
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User Postings through the Site, you hereby grant to MIT a worldwide,
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non-exclusive, transferable, assignable, fully paid-up, royalty-free,
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perpetual, irrevocable right and license to host, transfer, display,
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perform, reproduce, modify, distribute and re-distribute, relicense,
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and otherwise exploit your User Postings, in whole or in part, in any
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form, and in any media formats and through any media channels (now
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known or hereafter developed).</p>
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<p><strong>Limited License Grant to MITx Users.</strong> By submitting
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or distributing User Postings through the Site, you hereby grant to
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each User of the Site a non-exclusive license to access and use your
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User Postings in connection with their use of the Site for their own
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personal purposes. </p>
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<h2>Use of MITx and MIT Names, Trademarks and Service Marks</h2>
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<p>“MITx,” "MIT", "Massachusetts Institute
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of Technology", and its logos and seal are trademarks of the
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Massachusetts Institute of Technology. You may not use MIT’s
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names or logos, or any variations thereof, without prior written
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consent of MIT. You may not use the MIT name in any of its forms nor
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MIT seals or logos for promotional purposes, or in any way that
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deliberately or inadvertently claims, suggests, or in MIT's sole
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judgment gives the appearance or impression of a relationship with or
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endorsement by MIT.
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<p>All Trademarks not owned by MIT that appear on the Site or on or
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through the services made available on or through the Site, if any,
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are the property of their respective owners. Nothing contained
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on the Site should be construed as granting, by implication, estoppel,
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or otherwise, any license or right to use any such Trademark displayed
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on the Site without the written permission of the third party that may
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own the applicable Trademark.
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name="id.7dd2c542f51d"></a>
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<h2>Digital Millennium Copyright Act</h2>
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<p>It is MIT’s policy to respond to notices of alleged copyright
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infringement that comply with the Digital Millennium Copyright
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Act. For more information, please go to MIT’s DMCA Notification
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Guidelines <a href="http://web.mit.edu/copyright/dmca-notices.html">http://web.mit.edu/copyright/dmca-notices.html</a>,
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incorporated herein by reference.</p>
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<h2>Disclaimer of Warranty / Indemnification/Limitation of Liabilities</h2>
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<p>THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT,
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FUNCTIONS AND MATERIALS PROVIDED ON OR THROUGH THE SITE AND ANY
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INFORMATION THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
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ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE FOR A
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PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AND MIT HEREBY DISCLAIMS
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ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. MIT does not warrant
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the Site will operate in an uninterrupted or error-free manner or that
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the Site is free of viruses or other harmful components. Use of
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information obtained from or through this Site is at your own
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risk. Your access to or download of information, materials, or data
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through the Site or any reference sites is at your own discretion and
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risk and that you will be solely responsible for any damage to your
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property (including your computer system) or loss of data that results
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from the download or use of such material or data.</p>
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<p><strong>User Postings Disclaimer.</strong> You understand that when
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using the Site you will be exposed to User Postings from a variety of
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sources, and that MIT is not responsible for the accuracy, usefulness,
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reliability, or intellectual property rights of or relating to such
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User Postings. You further understand and acknowledge that you may be
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exposed to User Postings that are inaccurate, offensive, defamatory,
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indecent or objectionable, and you agree to waive, and hereby do
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waive, any legal or equitable rights or remedies you have or may have
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against MIT with respect thereto. MIT does not endorse any User
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Postings or any opinion, recommendation or advice expressed
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therein. MITx has no obligation to monitor any User Postings or
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any other user communications through the Site. However, MITx reserves
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the right to review User Postings and to edit or remove, in whole or
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in part, such User Postings in its sole discretion. If notified by a
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User or a content owner of a User Posting that allegedly does not
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conform to the TOS, MIT may investigate the allegation and determine
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in its sole discretion whether to remove the User Posting, which it
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reserves the right to do at any time and without notice. </p>
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<p><strong>Links to Other Sites.</strong> The Site may include
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hyperlinks to sites maintained or controlled by others. MIT is not
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responsible for and does not routinely screen, approve, review or
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endorse the contents of or use of any of the products or services that
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may be offered at these sites. MIT does MIT make any warranty or
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representation regarding any linked third party web sites or the
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information or materials appearing thereon or any of the products or
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services described thereon. Hyperlinks do not imply that MIT is
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affiliated or associated with, the linked-third party site. If
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you decide to access linked third party web sites, you do so at your
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own risk.</p>
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<strong>
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<p>YOU AGREE THAT MIT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR
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DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO
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THESETOS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO
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USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR
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RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE WHETHER
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BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE
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CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT
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APPLICABLE LAW REQUIRES SUCH LIABILITY. </p>
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<p>IN PARTICULAR, MIT WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL,
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INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER
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FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS
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FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY
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OF DATA).</p>
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</strong>
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<h2>Indemnification</h2>
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<p>You agree to defend, hold harmless and indemnify MIT, and its
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subsidiaries, affiliates, officers, agents, and employees from and
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against any third-party claims, actions or demands arising out of,
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resulting from or in any way related to your use of the Site,
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including any liability or expense arising from any and all claims,
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losses, damages (actual and consequential), suits, judgments,
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litigation costs and attorneys' fees, of every kind and nature. In
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such a case, MIT will provide you with written notice of such claim,
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suit or action.</p>
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<h2>Miscellaneous</h2>
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<p><strong>Termination Rights.</strong> You agree that MIT, in its sole
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discretion, may terminate your use of the Site or your participation
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in it thereof, for any reason or no reason. If you no longer desire to
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participate in the Site, you may terminate your participation therein
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upon notice to MIT.</p>
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<p><strong>Entire Agreement.</strong> This Agreement constitutes the entire agreement
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between you and MIT with respect to your use of the Site, superseding
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any prior agreements between you and MIT regarding your use of the
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Site. </p>
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<p><strong>Waiver and Severability of TOS.</strong> The failure of MIT to exercise or
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enforce any right or provision of the TOS of Site shall not constitute
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a waiver of such right or provision. If any provision of the TOS is
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found by a court of competent jurisdiction to be invalid, the parties
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nevertheless agree that the court should endeavor to give effect to
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the parties' intentions as reflected in the provision, and the
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other provisions of the TOS remain in full force and effect.</p>
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<p><strong>Choice of Law/Forum Selection.</strong> You agree that any dispute
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arising out of or relating to these Terms or any content posted to a
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Site will be governed by the laws of the Commonwealth of
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Massachusetts, excluding its conflicts of law provisions. You further
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consent to the personal jurisdiction of and exclusive venue in the
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federal and state courts located in and serving Boston, Massachusetts
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as the legal forum for any such dispute.</p>
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<p><strong>Effective Date:</strong> January 30, 2012</p><div>
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</div>
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</section>
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