Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to the JUNIATACONNECT.ORG Web Site (“Web Site”), through which JUNIATA COLLEGE (“we” or “us”) provides a variety of services to its Members. In order to become a JUNIATACONNECT.ORG member, you must accept these Terms of Service, which constitute a legally binding agreement between us and you concerning your access to and use of the Web Site. PLEASE NOTE: Your use of this Web Site constitutes your acceptance of these Terms of Service.)
We may modify these Terms of Service at any time, and will post the modified Terms on this Web Site. We will have no obligation to notify you of any such modifications, beyond posting the modified Terms on this Web Site. It is your responsibility to review these Terms of Service from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Web Site. Your continued use of the Web Site following modification of these Terms of Service will be conclusively deemed to signify your acceptance of such modification.
The services and resources at this Web Site are available only to Members, who must be eighteen (18) years of age or older. Becoming a Member requires registration. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.
When you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.
You agree that we may suspend or terminate your access to this Web Site if you provide any information that is inaccurate, incomplete or not current, or we believe that such information is inaccurate, incomplete or not current, or you violate any of these Terms of Service.
3. PROPRIETARY WEB SITE
The Web Site is protected by U.S. and international copyright laws and treaties. The Web Site contains copyrighted material, trademarks and other proprietary information belonging to us and to others which may include, but shall not be limited to text, data, photos, audio, video, graphics, images, music, sound and software (“Proprietary Material”). You are hereby granted a non-exclusive license to access this Proprietary Material. You are also granted a limited license to download and/or make copies of Proprietary Material available on this Web Site, but only for your personal use, and provided that if you download or print a copy of the Proprietary Material, you retain all copyright and other proprietary notices thereon. Except as expressly provided in these Terms of Service, all other rights are reserved to us. Except as provided above, you may not reproduce, distribute, modify, adapt, create derivative works of, display, transmit, broadcast, sell, license or in any way exploit the Proprietary Material available on this Web Site, in whole or in part, without our advance written consent.
Commercial use of any of the Proprietary Material is strictly prohibited.
You agree not to use any of the trademarks on this Web Site as metatags on other web sites, and you agree not to display this Web Site in frames, or any of the Proprietary Material via links, without our express written permission, which may be requested by contacting us. You agree not to use any manual or automated device or process to gather or extract data from this Web Site or to monitor or fetch pages available at the Web Site.
4. YOUR COMMUNICATIONS
By uploading files of any kind, posting messages, inputting data or engaging in any other form of communication to or through this Web Site (individually or collectively, “Communications”), you represent and warrant that you are the owner of such Communications or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, for any purpose, in any and all media now known or later developed. You waive all rights to any claim against us for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the Communications.
You agree to use this Web Site only for the purposes for which we make it available. You further agree not to upload, post, e-mail, transmit or otherwise make available any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, profane, threatening, promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable, (c) contain, install or promote any virus, worm, Trojan Horse, spyware, malware or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware or software or telecommunications equipment, (d) are libelous or slanderous, contain false or misleading statements of fact, or misrepresent your identity or your affiliation with any person or entity, (e) contain any unsolicited or unauthorized advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, (f) use “robots” or otherwise harvest from this Web Site the e-mail addresses of others, or (g) violate any applicable local, state, national or international law or regulation (individually and collectively, “Prohibited Communications”).
We reserve the right at all times to decline to post and to edit, remove, or restrict access to communications from you that we regard in our sole discretion as objectionable or in violation of these Terms of Service.
5. MATERIAL POSTED BY THIRD-PARTIES
We do not represent, endorse or guarantee the accuracy, integrity, quality, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Web Site by a third party, including another Member. You understand that by using this Web Site you may be exposed to information that is inaccurate or unreliable or material you find offensive or objectionable, and in this respect your use of the Web Site and your reliance upon any third party opinion, statement, information or material displayed or distributed through this Web Site is at your own risk. We shall have no responsibility for the conduct, on-line or off-line, of any visitor to or Member of the Web Site. We reserve the right but have no obligation to monitor Communications from Members of this Web Site or other third parties, or take any action to restrict access to material displayed or distributed through this Web Site by a Member or other third party that violates these Terms of Service.
This Web Site may contain links to web sites owned and operated by others. We have no control over such third party web sites, are not responsible for their contents and make no representations about any material available at such third party sites. Our inclusion of links to such web sites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there. Once you link to another web site, you are subject to the Terms of Service of that web site.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
We expect our Members to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Web Site without authorization, you may notify our copyright agent, and provide the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner
(b) Identification of the copyrighted work or works claimed to have been infringed
(c) A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
(d) Your name, mailing address, telephone number and e-mail address
(e) A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law
(f) A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
Our copyright agent can be reached at:
David Meadows ’98,
Director of Alumni Relations and Parents Programs
1700 Moore Street
Huntingdon, PA 16652
E-mail address: email@example.com
We have no responsibility or liability for the deletion of or failure to post or store any communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Web Site or any of the services or resources available here. You may not transmit to this Web Site e-mail that includes false or misleading information in the return address or in the subject line.
We may terminate your right to access this Web Site at any time in our sole discretion, with or without cause, and without notice to you. Even after your use of this Web Site ends, Sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, and 16 shall remain in effect.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THIS WEB SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEB SITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN CONTENT OR MATERIALS, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THIS WEB SITE, (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEB SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO AND USE OF THIS WEB SITE.
12. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO (A) THE USE OR INABILITY TO USE THIS WEB SITE, (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OR MEMBER OF THIS WEB SITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEB SITE. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED $100.
You agree, at your expense, to defend, indemnify and hold JUNIATA COLLEGE, its affiliates and partners, and their directors, officers, employees and agents harmless from any claim, demand, cause of action, debt or liability (including costs and reasonable attorneys' fees) that arises out of your use of this Web Site, the unauthorized use of your id or password, material you access, download, submit, post, transmit or make available through this Web Site, your violation of these Terms of Service, any business or other transaction between you and another Member of this Web Site, or your violation of any rights of a third party.
14.INTERACTIONS WITH OTHERS
You are solely responsible for your interactions, both on-line and off-line, with other visitors to or Members of this Web Site, and with persons you meet through such visitors or Members. You understand and acknowledge that we do not screen our Members, inquire into their backgrounds or attempt to verify the information they provide. In all interactions, whether on-line or off-line, with other visitors to or Members of this Web Site and with persons you meet through such visitors or Members, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information. IN NO EVENT SHALL WE BE LIABLE FOR AND YOU AGREE TO RELEASE US FROM LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS TO OR MEMBERS OF THIS WEB SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS OR MEMBERS.
Use of this Web Site is void where prohibited. You represent that you are of legal age to form a binding contract with us and are not barred from using this Web Site by the laws of the United States or the country in which you reside.