[an error occurred while processing this directive] HBCU CONNECT Member Terms of Service
|1. ACCEPTANCE OF TERMS
Welcome to HBCUCONNECT.com!. HBCUCONNECT.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular HBCUCONNECT.com services, you and HBCUCONNECT.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
HBCUCONNECT.com currently provides users with access to a rich collection
of on-line resources, including, various communications tools, online
forums, various services, personalized content and branded programming
through its network of properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new HBCUCONNECT.com properties, shall
be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that HBCUCONNECT.com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HBCUCONNECT.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HBCUCONNECT.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). HBCUCONNECT.com is concerned about the safety and privacy of all its users, particularly younger audiences. Please remember that the Service is designed to appeal to a broad audience.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will choose a password and recieve an account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HBCUCONNECT.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HBCUCONNECT.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not HBCUCONNECT.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service. HBCUCONNECT.com
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will HBCUCONNECT.com
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that HBCUCONNECT.com does not pre-screen Content, but that HBCUCONNECT.com
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, HBCUCONNECT.com and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by HBCUCONNECT.com or
submitted to HBCUCONNECT.com, including without limitation information in HBCUCONNECT.com!
Message Boards, HBCUCONNECT.com! Clubs, and in all other parts of the Service.
You acknowledge and agree that HBCUCONNECT.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of HBCUCONNECT.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
"Publicly accessible" areas of the Service are those areas of the HBCUCONNECT.com network of properties that are intended by HBCUCONNECT.com to be available to the general public. By way of example, publicly accessible areas of the Service would include HBCUCONNECT.com Message Boards and portions of HBCUCONNECT.com Clubs and HBCUCONNECT.com Groups that are open to both members and visitors. .
You agree to indemnify and hold HBCUCONNECT.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HBCUCONNECT.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HBCUCONNECT.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HBCUCONNECT.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HBCUCONNECT.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HBCUCONNECT.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
HBCUCONNECT.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HBCUCONNECT.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that HBCUCONNECT.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if HBCUCONNECT.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. HBCUCONNECT.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that HBCUCONNECT.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that HBCUCONNECT.com shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HBCUCONNECT.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HBCUCONNECT.com has no control over such sites and resources, you acknowledge and agree that HBCUCONNECT.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HBCUCONNECT.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. HBCUCONNECT.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by HBCUCONNECT.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
HBCUCONNECT.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HBCUCONNECT.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HBCUCONNECT.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HBCUCONNECT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Without HBCUCONNECT.com's prior permission, you agree not to display or use in any manner, the HBCUCONNECT.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
HBCUCONNECT.com respects the intellectual property of others, and we
ask our users to do the same.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and HBCUCONNECT.com
and govern your use of the Service, superceding any prior agreements
between you and HBCUCONNECT.com.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
Please report any violations of the TOS to our Customer Care team.