Video Library
Terms and Conditions
University of Wisconsin
School of Medicine and Public Health
These Terms of Use cover the services provided by SMPH, which may include without limitation SAVE THIS, EMAIL THIS, PRINT THIS and MOST POPULAR. The SMPH Video Library service (the "Service"), are provided by University of Wisconsin School of Medicine and Public Health ("SMPH") to You ("You") under the terms and conditions (the "Agreement") herein.
This Agreement includes SMPH's Privacy Policy incorporated herein by reference, and governs Your use of the Service.
BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY IN SECTIONS 9, 10 AND 11 SET FORTH BELOW.
DESCRIPTION OF SERVICE. The Service allows a user to save, organize, share hyperlinks, print content, and access, customize and consolidate information. The Service allows a user to save and e-mail hyperlinks to other online users. The Service provides a user, from any Internet connection, access to the user's stored list of hyperlinks and access to a list of the most popular list of hyperlinks. The Service provides value-added tools to allow a user to manage, share and discuss hyperlinks the user has submitted.
- THE SERVICE. The Service is provided to You by SMPH and You understand and agree to the following: (a)if you choose to register, You must submit a valid e-mail address and select a password and user name during the registration process. You agree to carefully safeguard Your password, user name, and account and You agree that You shall at all times remain solely responsible for maintaining and protecting the confidentiality of Your Password and account information and You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify SMPH if at any time Your password, user name, or account is, or You believe it has been, lost, stolen, disclosed, or otherwise compromised and SMPH may direct You to a secure part of the Web site so that You can create a new Password. You will still be able to access Your previous account information and content. If You elect to replace Your account by the means of deleting Your current account and creating a new account, You shall be unable to access Your previous account information. You understand and agree that the content of all users, including Your content will be collected, aggregated and anonymously integrated into the Service by SMPH for the purpose of providing such information to other SMPH users and for other purposes, including, without limitation, statistical and analysis purposes, and provision of services which SMPH will be beneficial to the user; (b) You understand and agree that unless expressly stated, SMPH in no way reviews, controls, examines, verifies or endorses any of the information contained in bulletin board/discussion forums of the Service, including links, bookmarks, Internet Web sites, advertisements, products, goods, services or promotions.
- REGISTRATION PROCESS. Registration is required to use the view videos in the Service, if You decide to register for the Service, You must complete the SMPH registration screen. As part of the registration process for the Service, You agree to: (a) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested on original sign up shall be referred to as registration data ("Registration Data"). SMPH reserves the right to refuse the Service to any user.
- USER CONDUCT. Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, or other materials or any information obtained by You without the express written consent of SMPH. You are solely responsible for the content of Your transmissions through the Service. SMPH does, however, reserve the right to take any action with respect to the Service that SMPH deems necessary or appropriate in SMPH's sole discretion if SMPH believes You or Your transmissions or use of the Service may violate the rights of others, these rules or any applicable laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (a) to comply with all laws, rules and other regulations applicable in connection with the Service; (b) not to interfere or disrupt networks connected to the Service; (c) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not to use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) You will not interfere with another user's use and enjoyment of the Service.
- LINKS TO THIRD PARTY SITES. Any links included within the Service may permit You to leave the Service. These linked sites are not under the control of SMPH and SMPH shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. SMPH is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site. SMPH is providing these links to You as a convenience.
- PRIVACY. Please see our Privacy Policy incorporated herein by reference.
- TERMINATION. SMPH may immediately terminate Your membership and right to use the Service if (a) You breach this Agreement; (b) SMPH is unable to verify or authenticate any information You provide to SMPH; (c) such information is inaccurate; or (d) SMPH decides, in its sole discretion, to discontinue offering the Service. SMPH shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time, effective immediately and requesting closure of Your account. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately: (a) discontinue use of the Service; and (b) notify Clickability of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases.
- MODIFICATIONS. SMPH may amend this Agreement at any time by (a) posting a revised SMPH Terms of Use document on the Service's web site and/or (b) sending information regarding the amendment to the Agreement to the e-mail address You provide to SMPH. You are responsible for regularly reviewing the SMPH Service Web site to obtain timely notice of such amendments. Any continued use of the Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms. Otherwise, this Agreement may not be amended except in writing signed by both parties. Furthermore, SMPH reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. SMPH shall not be liable to You or any third party should SMPH exercise its right to modify or discontinue the Service.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SMPH SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE CLICKABILITY SITE ARE PROVIDED ON AN "AS IS" BASIS. CLICKABILITY, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMPH DONES NOT MAKE ANY WARRANTY THAT THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE CLICKABILITY SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SMPH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL SMPH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF SMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER SMPH SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SMPH HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST CLICKABILITY ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
- GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of Wisconsin, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Wisconsin and You consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. SMPH's failure to act with respect to a breach by You does not waive SMPH's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. SMPH shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond SMPH reasonable control. Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail at the e-mail address provided by You during registration.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, You agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that You are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Service by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms.


