The Great Courses Library Collection Service and Website Terms of Use

1. Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy, govern your use of the TGC Library Collection Service and this Site. By using our Service, visiting this Site, creating an account or browsing the TGC Library Collection Service, you accept and agree to these Terms of Use.

If you do not agree to these Terms of Use, do not use the Service.

2. Changes to Terms of Use. TGC may, from time to time, change these Terms of Use, including the Privacy Policy. Revisions shall be effective immediately upon publication on this Site; provided however, significant and material revisions shall be effective thirty (30) days after TGC publishes these revisions on this Site. If a change to these Terms of Use needs to be made more quickly for security, legal or regulatory reasons, we will inform Library Collection Patrons as promptly as possible.

3. Privacy. Your use and our provision of the TGC Library Collection Service is subject to the TGC Library Collection Privacy Policy, which is incorporated herein and set forth at (www.thegreatcourseslibrarycollection.com/privacy).  Our use of any personal or other data we obtain from you or in connection with your use of the Service is subject to our Privacy Policy.

4. Communication Preferences. TGC, our partners and/or vendors, as necessary, may send you electronic communications relating to your account and any other information necessary in order to carry out our obligations (please see our Privacy Policy for details). By using TGC Library Collection, this Site, or sending emails to us, you also consent to receiving electronic communications relating to your use of the TGC Library Collection, or other TGC products and services. Please review our Privacy Policy (www.thegreatcourseslibrarycollection.com/privacy) for further detail on our marketing communications.

5. Other Important TGC Library Collection Service Terms

a. You must be 18 years of age, or the age of majority in your state, province, territory or country, to subscribe to TGC Library Collection Service. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement and authorization of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

b. THE TGC LIBRARY COLLECTION SERVICE, AND ANY CONTENT VIEWED THROUGH OUR SERVICE, IS AVAILABLE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. During your access to the TGC Library Collection Service, we grant you a limited, non-exclusive, non-transferable, license to access the TGC Library Collection Service for that purpose only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for commercial purposes, public performances, conferences, classrooms or large group viewings, and agree not to share or transfer your Account Login information with any third party. For information on a license to enable commercial use, public performance or large group viewings, please contact us by email at librarycollection@ thegreatcourses.com.

c. You may view TGC Library Collection Service only in geographic locations where we offer our service and have licensed TGC Library Collection content. The content that may be available to watch may vary by geographic location. The TGC Library Collection Service is offered in English and TGC Library Collection may use technologies to verify your geographic location.

d. TGC Library Collection Service contains some, but not all, of the course titles available on an individual course basis from TGC through its retail and other channels. We intend to continually update the TGC Library Collection Service, including adding to the titles available through the Service. We also reserve the right to remove titles from the Service at our discretion. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, and other features. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice.

e. You agree to use the TGC Library Collection Service, including all its features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) course content, video or audio clips, images, screen grabs or information contained on or obtained from or through the TGC Library Collection Service without express written permission from TGC. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TGC Library Collection Service; use any robot, spider, scraper or other automated means to access the TGC Library Collection Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TGC Library Collection Service; insert any code or product or manipulate the content of the TGC Library Collection Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TGC Library Collection Service, including any software viruses or any other computer code, files or programs.

f. The availability of TGC Library Collection Service course titles and TGC Library Collection content will change from time to time. TGC Library Collection Service content will be available in standard definition resolution, availability is subject to your Internet service and device capabilities. The quality of the display of the streaming aspects of the Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a course lecture will vary based on a number of factors, including your location, available bandwidth at the time, course or lecture you have selected and the configuration of your viewing device. We are not responsible for quality issues that are the fault of your third party service providers (for example your Internet service provider, mobile network operator or cable provider).

g. TGC Library Collection Service software is developed by, or licensed for, TGC and is designed to enable streaming and other digital service of content from TGC Library Collection through appropriate devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LICENSE AGREEMENT TERMS IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the TGC Library Collection Service.

b. We may terminate or restrict your use of TGC Library Collection, without compensation or notice if you are, or if we suspect that you are in violation of any of these Terms of Use or engaged in illegal or improper use of the TGC Library Collection Service.

6. Passwords & Account Access

a. In order to access and use certain features or functionality of the Site, including accessing the TGC Library Collection Service, we will require you to register and have a unique username and password combination (“User Credentials”) and provide certain information. You are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of this Site by you or by any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf. You agree to immediately notify us of any unauthorized use of your User Credentials or Account, or any other breach of security. It is your sole responsibility to control the dissemination and use of your User Credentials and User Account.

b. In order to provide you with ease of access to your account and to help administer the TGC Library Collection Service, TGC implements technology that enables us to recognize you as the Subscriber and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the TGC Library Collection Service, which includes accessing via TGC Library Collection-ready devices or the TGC Library Collection website.

7. Content Uploaded To The Site or Provided To Us Directly.

The TGC Library Collection Site and related mobile applications may make chat rooms, forums, commenting and message boards available to you and other users, and may allow you to make contact with other users.

If we make these communications forums available to you, you may send comments, information, ideas, concepts, reviews, or techniques and other material relating to TGC Library Collection and our content and Services (“Responses”) directly to us by any method including via the aforementioned chat rooms, forums, commenting and message board, by responding to questionnaires and through postings to the TGC Library Collection Site and user interfaces. Your Responses must not contain harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We reserve the right to review, reject, remove or edit any such Responses at any time without notice to you in our sole and absolute discretion, for any reason or no reason. Any Response will be considered non-confidential and non-proprietary and we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.

8. Use of Responses: License Grant

The Company is free to use the content of any Responses, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing/advertising courses or products and creating, modifying or improving the Site, TGC Library Collection Service or our other TGC products and services. Furthermore, by providing a Response to us by any method, including but not limited to, posting a Response on our Site, submitting a Response to us via the Site, our customer call center, by mail or email, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future. In addition, you irrevocably waive all moral rights you may have under applicable law which you have in the Responses. TGC is free to use any suggestions or unsolicited materials or ideas for courses without compensation of any type, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TGC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TGC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same or substantially similar to the material or idea you sent. By providing a Response, you understand and agree that you are consenting to the release of all information provided in your Response, including your rating of a product or service, to a public forum, including other users of our Site. If you do not want your responses to be shared in a public forum, do not use the response feature on our Site.

9. Customer Support.  For customer service support regarding your library service access rights, account service or other issues, please contact the library partner or library, as appropriate, through whom you obtained access to the TGC Library Collection Service. If you have technical questions regarding TGC Library Collection or this Site, please email us at librarycollection@thegreatcourses.com.

10. Use of The TGC Library Collection Website (“Site”)

We may have to suspend access to the Site, or the Service, to address technical problems or make minor technical changes, or update the Service to reflect changes in relevant laws and regulatory requirements.

We will do our best to contact you in advance to tell you we will be suspending supply of the TGC Library Collection Service, unless the problem is urgent or an emergency.

By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or associated content. In addition, the following restrictions apply to your use of our Site: 

(a) You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;

(b) You shall not interfere with the servers or networks connected to any portions of our Site or violate any of the procedures, policies or regulations of networks connected to our Site;

(c) You shall not impersonate any other person while using our Site or conduct yourself in a vulgar or offensive manner while using our Site;

(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;

(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with these Terms of Use;

(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware;

(i) You shall not use our Site in any way that breaches any applicable local, national, or international law, rule or regulation;

By breaching this section, you may be committing a criminal offence under applicable law. We reserve the right to report any such breach to the relevant law enforcement authorities in the event of such breach and to cooperate with those authorities (e.g. by disclosing your identity to them). In the event of such a breach, your right to use our Site will cease immediately.

11. Use of Our Streaming Service

We provide TGC Library Collection through streaming service technology over the internet to certain devices (referred to as “Streaming Service”). We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the Service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms of Use. The availability and quality of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and country to country, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. We are not responsible for (and we make no representations or warranties in relation to) quality issues that are the fault of your third party service providers (for example your Internet service provider, mobile network operator or cable provider).

12. Linking to and Links from Our Site

Where our Site contains links to other websites and resources provided by third parties (including but not limited to websites operated by our library partners or libraries themselves), these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss, damage or effect that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third-party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

13. Intellectual Property

(a) Trademarks.

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site (including but not limited to, The Great Courses, The Great Courses Library Collection, TGC Library Collection and the flame design logo) are the registered and/or unregistered Trademarks of the Company, a Company affiliate, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks.

(b) Site Contents and Copyright.

The text, Trademarks, logos, images, graphics, photos, video files, audio files, application functionality, or any other digital media associated with TGC Library Collection, made available through our Site and their arrangement on this Site (“Company Intellectual Property”) are owned by the Company, or are licensed to the Company, and are subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution or public performance, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial or public performance purposes without our prior express written permission. Access is granted to this Site solely for your use of TGC Library Collection for personal entertainment, information, education and communication with the Company. All rights in Company Intellectual Property are reserved by and to the Company. You are not permitted to capture, modify, reuse or retransmit copies of Company Intellectual Property, or to use any illustrations, photographs, video, music or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site or in TGC Library Collection content must always be acknowledged.

(c) If you print off, copy, download or otherwise use any part of our Site, our TGC Library Collection Service or our other content or Services in breach of these Terms of Use, your right to use our Site and the TGC Library Collection Service will cease immediately and you must, at our option, return, discontinue use, or destroy any copies of the materials you have made.  In addition, the Company reserves all rights to pursue any and all of its available legal remedies to address and remedy the breach.

Copyright Infringement

a. We have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site or associated with the TGC Library Collection Service. Our copyright agent is our General Counsel, who can be reached at: The Teaching Company Sales, LLC, 4840 Westfields Blvd. Suite #500, Chantilly, Va. 20151 or via email at legal@thegreatcourses.com.

b. Infringement Notification.

To be effective, your infringement notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

(v) The following statement: “I have a 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”; and

(vi) The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in (i) through (vi) above:

A. We will remove or disable access to the content that is alleged to be infringing;

B. We will forward the written notification to the alleged infringer; and

C. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

14. Disclaimers/Limitations of Liability/Indemnity

(a) Disclaimers of Warranties and Limitations of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED WITHIN THESE TERMS OF USE OR ON OUR SITE, TGC LIBRARY COLLECTION AND OUR PRODUCTS, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO TGC LIBRARY COLLECTION, OUR SITE, OUR PRODUCTS, OUR CONTENT, OR ANY SOFTWARE ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF TGC LIBRARY COLLECTION, OUR PRODUCTS, CONTENT OR OUR STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY MODIFY ANY OR ALL ASPECTS OF TGC LIBRARY COLLECTION, OUR PRODUCTS, CONTENT OR OUR STREAMING SERVICE, INCLUDING FEATURES IN ACCORDANCE WITH THESE TERMS OF USE.

THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH TGC LIBRARY COLLECTION, OUR PRODUCTS, CONTENT OR OUR STREAMING SERVICE. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

(I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE DUE TO CAUSES OUTSIDE OUR CONTROL;

(II) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS, CONTENT OR SERVICES PROVIDED ON OUR SITE, THROUGH STREAMING SERVICE OR OTHERWISE;

(III) any use of the TGC Library Collection Service or the Site which is nOt AUTHORIZED by us;

(IV) incompatibility of the TGC Library Collection Service or content with any THIRD PARTY software or hardware; and

(V) any act, OMISSION or default of any third party supplier, INTERNET SERVICE PROVIDER, MOBILE DATA PROVIDER, device manufacturer or provider of a device operating system, including quality issues.

IN NO EVENT SHALL TGC, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF TGC LIBRARY COLLECTION, OUR PRODUCTS, CONTENT OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE TGC LIBRARY COLLECTION, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED $100.00.

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its parent, affiliates and subsidiaries, and its and their officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your negligent use of the Service or the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will continue during and after your access to TGC Library Collection ceases or is terminated.

17. Transfer of Rights and Obligations

These Terms of Use are binding on you and the Company and on our respective successors and assigns. You may not transfer, assign, change, or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under them, at any time.

18. Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under our agreement with you or any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

19. Severability

If any of these Terms of Use or any provisions of our agreement(s) with you are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

20. Law and Jurisdiction

Agreements for the purchase of TGC Library Collection or other TGC products and Services through our Site, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law provisions, and shall be subject to the exclusive jurisdiction and venue of the federal and state courts located in Fairfax County, Virginia, USA.

21. Complaints

If you have a complaint, or would like to communicate with us, please contact us directly at librarycollection@thegreatcourses.com.

You can also reach us at:
The Great Courses Library Collection
c/o The Teaching Company Sales, LLC
4840 Westfields Blvd.
Suite 500
Chantilly, Virginia USA 20151

Effective: May 1, 2018