Terms of Use

  1. The SMUtube Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SMUtube does not guarantee any confidentiality with respect to any submissions.


  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SMUtube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SMUtube, you hereby grant SMUtube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SMUtube Website and Saint Mary’s University, including without limitation for promoting and redistributing part or all of the SMUtube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SMUtube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the SMUtube Website.


  3. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SMUtube all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SMUtube, Saint Mary’s University or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. SMUtube and Saint Mary’s University do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SMUtube and Saint Mary’s University expressly disclaim any and all liability in connection with User Submissions. SMUtube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SMUtube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SMUtube reserves the right to remove Content and User Submissions without prior notice. SMUtube will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. SMUtube also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SMUtube may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.


  4. You understand that when using the SMUtube Website, you will be exposed to User Submissions from a variety of sources, and that SMUtube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SMUtube with respect thereto, and agree to indemnify and hold SMUtube, Saint Mary’s University, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.