Copyright / IP Policy

EDUCATING TOMORROW’S LAWYERS®

(AN INITIATIVE OF THE INSTITUTE FOR THE ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM)

TERMS OF USE

These Terms of Use (“User Terms”) set forth the terms and conditions governing your (“you” or “your” herein) use of our website at /educatingtomorrowslawyers.du.edu and /iaals.du.edu/educating-tomorrows-lawyers (the “ETL Site”) for Educating Tomorrow’s Lawyers (“Educating Tomorrow’s Lawyers” or “ETL” herein). ETL is an initiative of the Institute for the Advancement of the American Legal System (“IAALS”) at the University of Denver. IAALS created, developed and operates the ETL Site.

Please read these User Terms carefully. Upon accessing and using the ETL Site, you agree to abide by these User Terms. If you do not agree to these User Terms, kindly exit the ETL Site.

PREAMBLE

Educating Tomorrow’s Lawyers encourages and facilitates innovation in legal education, and trains new lawyers in standards of competence and professionalism. IAALS created and developed the ETL Site in order to share information germane and productive to ETL’s mission with legal educators, students, legal practitioners in private and governmental sectors, and other interested persons.

IAALS respects the copyright and other intellectual property rights of others; we also promote education and sharing of information subject to the exclusive rights of copyright owners in their original works of authorship. These User Terms are intended to facilitate productive and lawful sharing of information, while respecting and adhering to the rights of contributors to our site under copyright and other intellectual property laws.

In consideration of your use of the ETL Site, you agree as follows:

Acceptance of and Agreement with User Terms; Additional Terms. By your access and use of the ETL Site, you accept and agree to these User Terms and agree to use the ETL Site in accordance with these terms. In the event you access a section of the ETL Site which requires you to accept and agree to terms applicable to that section, those terms will add to and supplement these User Terms.
Copyright and Other Intellectual Property Ownership. The content on the ETL Site has been prepared and contributed by IAALS, and by third party institutions and other individuals (the “ETL Contributors”) and includes (by way of brief example only): course lectures, outlines and modules; assessment tools and educational outcomes; audiovisual recordings of professors and other legal educators, students and others; articles; references to third party source materials; conference and event information; and other text, graphics, and other information (collectively, the “ETL Content”). For clarity, the ETL Content does not include “User Postings” (as such term is defined in Paragraph 3(e) below).

IAALS is the sole and exclusive owner throughout the world of (i) the compilation copyright and all other intellectual property rights in and to the ETL Site under the United States Copyright Act of 1976, as amended (the “Copyright Act”) and all international laws, treaties and conventions, and (ii) the copyright and all other intellectual property rights under the Copyright Act and all international laws, treaties and conventions in and to all textual, graphic and other contributions of IAALS to the ETL Content.

The ETL Contributors are the sole and exclusive owners of the copyright and all other intellectual property rights under the Copyright Act and all international laws, treaties and conventions in and to their respective textual, graphic and other contributions to the ETL Content.

Trademarks appearing on the ETL Site are the property of IAALS or IAALS’ licensors.
Use of ETL Content; Permitted Use for Certain Academic Purposes. In accessing and utilizing the ETL Content, you agree as follows:
1. Subject to subparagraph 3(b) immediately below, the ETL Content may not be copied, reproduced, transmitted, displayed, modified or used in any manner that violates or infringes upon the copyright or other intellectual property rights of IAALS or the ETL Contributors.
2. As we note in the Preamble, the ETL Site and these User Terms are intended to facilitate the productive and lawful sharing of information. Accordingly, you are permitted to use the ETL Content for your own academic, educational, research, teaching, and writing work and activities; for emphasis, the ETL Content may not be sold, transferred, licensed or otherwise used in any manner involving any income or profit to you or anyone else – for further clarity and without limitation, this prohibits use in a textbook or other publication for sale or license to a third party.
  
  Under all circumstances, in your use of ETL Content you agree to adhere to prevailing publishing and academic standards as to proper credit and attribution for third party sources.
  
  All rights to the ETL Content are reserved by and unto IAALS and the ETL Contributors.
3. Any use of the ETL Content not within the scope of paragraph 3(b) immediately above must be in accordance with the Copyright Act and Section 107 thereunder(Limitations on exclusive rights: Fair Use) and prevailing publishing and academic standards as to proper credit and attribution for third party sources. In this ETL Site, IAALS sets forth the name and contact information, including in some cases links to websites and email addresses, for the ETL Contributors; in certain cases we include information as to where their individual contributions to the ETL Content may be purchased.
  
  You must obtain permission from IAALS and/or the ETL Contributors for use of ETL Content which is not within the parameters of paragraph 3(b) immediately above or Section 107 of the Copyright Act.
  
  You may not use the email address or other contact information of an ETL Contributor for any purpose, other than to communicate with such person about his or her contribution.
4. With regard to references and hypertext links within the ETL Content to third party source materials such as, by way of brief example only, articles; treatises; evaluations; other websites; surveys; conferences and event information, while IAALS is of the view that these materials contain relevant information we make no representations as to such materials or their accuracy and we do not assume any responsibility for them, their content or users’ reliance on them.
  
  Additionally, opinions expressed by ETL Contributors on the ETL Site are those of the ETL Contributors; their display on the ETL Site or being made available by reference or by hypertext link, does not render IAALS liable or responsible for any such opinions and does not constitute IAALS’ endorsement of them.
5. As set forth below in Paragraph 4, from time to time IAALS may invite users of the ETL Site to post information, questions, comments and views about various topics (“User Postings”). Here also IAALS makes no representations as to such User Postings or their accuracy and does not assume any responsibility for them, their content or users’ reliance on them. Display on the ETL Site of User Postings is not an endorsement of them.
  
  You may not use the email address or other contact information of a person who submits a User Posting for any purpose, other than to communicate with IAALS or such person about his or her User Posting.
6. IAALS is not responsible for interruptions in the operability of the ETL Site and may terminate and discontinue the ETL Site at any time within its discretion.
Agreements and Restrictions as to Submitting User Postings. In the event we invite and you elect to submit a User Posting for display on the ETL Site, you agree that:
1. By submitting a User Posting and even though IAALS claims no intellectual property or other ownership in your User Posting, you hereby grant IAALS the perpetual, non-cancellable, non-exclusive, royalty-free (meaning, without any compensation to you), transferrable, worldwide right and license to copy, reproduce, display, and distribute publicly the User Posting on the ETL Site and in presentations and informational materials in print and other media about IAALS and Educating Tomorrow’s Lawyers.
  
  This grant includes the right to make minor refinements to a User Posting so as to conform to the format or context of the portion of the ETL Site or other informational materials where such User Posting is posted or presented.
  
  In connection with your grant you agree to provide, along with and when you submit your posting, your legal name and correct email address; you hereby authorize IAALS to display that with your User Posting.
2. IAALS reserves the right (but is not obligated) to screen and remove User Postings from the ETL Site at any time IAALS determines a posting does not adhere to the requirements of this Paragraph 4 or for other reason in IAALS’ discretion, with or without notice to you. Any User Posting(s) you post to the ETL Site is your sole responsibility; IAALS will not be responsible or liable in any way for any User Posting, including as to its compliance with the requirements of this Paragraph 4, its accuracy or suitability, or whether or not it has errors or omissions.
3. As to any User Posting you submit to the ETL Site, you agree that you will have all necessary rights to submit the User Posting without breach or violation of your obligation or duty to a third party and the User Posting will not:
  - infringe upon the copyright or other intellectual property or proprietary rights of a third party, or violate any person's right of privacy or contain defamatory content;
  - be false or inaccurate in any respect, including as to your identity and contact information;
  - contain negative or offensive statements as to racial, gender, religious or ethnic background or other items or matters;
  - contain any virus, code or other item which will interfere with or impact the ETL Site or its functionality in any respect; or
  - violate applicable laws.
Compliance with Laws; Indemnification. In your use of the ETL Site, you are responsible for your own compliance with applicable federal, state and local laws and regulations. You hereby agree to indemnify and hold IAALS harmless from and against any and all claims, actions, liabilities, judgments, settlements and expenses, including without limitation reasonable attorneys’ fees and costs IAALS sustains by reason of your breach or violation of your representations and agreements in these User Terms.
General Disclaimer of Warranty; No Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, AS TO THE ETL SITE, THE ETL CONTENT AND USER POSTINGS, IAALS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IAALS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES YOU SUSTAIN BY REASON OF YOUR USE OF THE ETL SITE, WHETHER ACTUAL, DIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Terminating Your Access to and Use of the ETL Site. We reserve the right to terminate your access to and use of the ETL Site for your violation of these User Terms or for any other reason in our discretion, with or without notice to you. IAALS will have no liability to you or any third party with regard to such termination. These User Terms and each of them shall survive any such termination.
Amendment of User Terms. From time to time IAALS may amend or update these User Terms which will be reflected on the ETL Site and such amended or updated terms will immediately become effective upon the date of posting. At the end of these User Terms, we note when they have been last updated. Your use of the ETL Site after any such amendments are posted will constitute your acceptance of and agreement with them. No one other than IAALS may amend these User Terms.
Governing Law; Jurisdiction. These User Terms are governed solely by Colorado law as applied to contracts to be performed wholly within Colorado by residents of Colorado. Any claim or dispute arising out of these User Terms which the parties, after good faith discussion and negotiation, are unable to resolve themselves shall be litigated or arbitrated solely in the appropriate Federal or state courts or before an arbitration tribunal, situated in Denver, Colorado.
General.
1. These User Terms represent the entire understanding and agreement between us with respect to the ETL Site. None of these User Terms may be waived without the express written consent of IAALS and only to the extent described in such consent; any failure by IAALS to enforce or remedy a user’s violation of these terms shall not constitute a waiver, express or implied, by IAALS as to such violation or any future or other violation.
2. In the event any of these User Terms are found by a court or tribunal to be unlawful or unenforceable for any reason such terms will be construed in a manner so as to render them enforceable and to reflect the intent of IAALS, and the remaining User Terms shall be unaffected thereby and shall remain in full force and effect in accordance with applicable law.
3. You are responsible for your compliance with these User Terms and you are not permitted to assign your rights or obligations hereunder to any third party. IAALS shall and is hereby authorized to assign these User Terms and its rights hereunder in its discretion.
DMCA Compliance Policy; Privacy Policy.
DMCA Compliance. IAALS respects the rights of copyright owners. IAALS is an institute operating under the auspices of the University of Denver. The University of Denver (which is owned and operated by Colorado Seminary) is a service provider under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). Pursuant to the DMCA, the University of Denver will investigate proper notices it receives of copyright infringement and take appropriate action as required by the DMCA.

If you believe your copyrighted work is accessible on the ETL Site in a way that constitutes copyright infringement, you may provide written notification of the claimed infringement (the “Notification”) to the University of Denver’s designated copyright agent (the “Designated Agent”).

To be effective, your Notification must (a) be in writing, (b) be sent to the Designated Agent, and (c) contain all of information set forth in the subsection below titled “Proper DMCA Notice”.

Designated Agent:

Robert Rudloff

Chief Information Security Officer

University of Denver

Denver, CO 80208-2101

(303) 871-4030

Email: DMCA-agent@du.edu

Proper DMCA Notice:

To be effective, your Notification, signed under penalty of perjury, must provide all of the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work allegedly infringed;
2. Identification of the copyrighted work allegedly infringed; if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material that is to be removed or access to which is to be disabled, and information sufficient to permit the University of Denver to locate that material;
4. Information sufficient to permit the University of Denver to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that it is your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the Notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyrighted work allegedly infringed.
If the University of Denver receives an effective Notification, it will follow the procedures outlined in the DMCA for notice and takedown, which is subject to the allegedly infringing party’s right under the DMCA to submit a counter-notification claiming lawful use of the removed or disabled content.

The University of Denver will not tolerate repeat infringers and reserves the right to terminate your access to the ETL Site.

Privacy Policy

For the Privacy Policy applicable to the ETL Site, see http://www.du.edu/privacy/.

(Last updated August 15, 2011)