Terms of Use

The following provisions shall govern the use of the EAI Educational Streaming Service website (the "ESS") made available by Electronic Arts Intermix ("EAI"), Licensor.

By logging into EAI's Educational Streaming Service, the user ("User") accepts and agrees to all of the Terms of Use contained herein. Modifications to these Terms of Use may be made without notice to the User. EAI recommends that all Users periodically check the posted Terms of Use for any changes. Any use of the ESS after changes have been made shall be deemed acceptance by such User of those changed Terms of Use.

License to Use the Content

The entirety of the contents obtainable through the ESS is the copyrighted property of EAI or the artists that EAI represents.

No User may copy, reproduce, modify, publish, upload, post, transmit, embed, "frame" on another site, sell, broadcast/podcast, or distribute any of the content in or on the ESS in any way.

EAI has the exclusive right to control the accessibility, hours of use, content and features of the ESS. EAI may restrict access to any or all portions of the ESS or remove any information or content from the ESS at any time. EAI reserves the right to monitor any and all use of the ESS.

Nothing in this Agreement shall be interpreted to diminish the rights and privileges of the Licensee or Authorized Users with respect to any of the Licensed Materials, including exceptions or limitations to the exclusive rights of copyright owners, such as fair use, under Section 107 of the U.S. Copyright Act. In the event that any content included in the Licensed Materials is in the public domain or has been issued under a Creative Commons or other open license, Licensor shall not place access, use or other restrictions on that content beyond those found in the open license, where applicable.

Licensor shall comply with the Americans with Disabilities Act (ADA), by making its best effort to support assistive software or devices such as large-print interfaces, text-to-speech output, refreshable braille displays, and voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Content Accessibility Guidelines published by the World Wide Web Consortium’s Web Accessibility Initiative. In the event that the Licensed Materials are not Accessibility compliant, the Licensee may request that the Licensor make modifications that will make the Licensed Materials Accessibility compliant; in addition, in such an event, the Licensee shall have right to modify or copy the Licensed Materials in order to make it useable for Authorized Users.

Authorized Users

The Licensor and Licensee define “Authorized Users” as the following:

1. The Licensee’s full-time and part-time students, regardless of their physical location;


2. The Licensee’s full-time and part-time employees (including faculty, staff, affiliated researchers, and independent contractors), regardless of their physical location;


3. Other valid ID holders; and


4. Patrons not affiliated with Licensee, who are physically present at Licensee’s site(s) (“Walk-ins”).

Prohibited Conduct

All Users expressly agree to refrain from doing, either personally or through an agent, any of the following:

• Gaining access to any ESS content by bypassing or hacking through any requirement to submit a login or user ID;


• Using any device or other means to harvest information about other users of the ESS; and


• Transmitting, installing, uploading or otherwise transferring any virus or other item, process or protocol to the ESS that in any way affects the use, enjoyment or service of the ESS.

The Licensee shall make reasonable efforts to ensure that access to the ESS content is limited to authorized Users and to protect the ESS content from the prohibited conduct referenced above. The Licensee shall notify EAI of any such prohibited conduct of which it learns or is notified and shall cooperate with EAI in resolving problems of unpermitted use. In the event of violation of these Terms and Conditions of Service or Content-Specific Terms and Conditions of Use by a authorized User, (a) EAI may suspend or terminate, or, where practicable, request that the Licensee suspend or terminate, such User's access to the ESS; (b) EAI may suspend or terminate the access of the Internet Protocol ("IP") address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) EAI may request the Licensee to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, the ESS. EAI shall make reasonable efforts to contact the Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.