1. Online Community Services and Conditions of Use –
Welcome to OLLU's Online Alumni Community. Our Lady of the Lake University has contracted with Internet Association Corporation (IAC) to provide this service for our alumni. Upon notice published through the Service, Provider may modify this Agreement at any time. You agree to use Provider Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "User" in this Agreement.
2. Policy for on-line Conduct for Chat Rooms and Bulletin Boards -
By using the Service, you agree that you will not post any of the following materials in any of the Service chat rooms, bulletin boards, e-mail postings or any other service area:
* Material which defames, abuses or threatens others.
* Unauthorized copyrighted material.
* Statements that are bigoted, hateful, racially offensive, harassing, defaming, or vulgar.
* Advertising or any form of commercial solicitation.
* Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
* Material that contains vulgar, obscene or indecent language or images.
Postings which violate the above terms may be deleted from the Service upon discovery. Users who violate the Terms of service may receive a warning from Provider stating that User has
committed a violation and that further violations may result in the termination Of User's account. After one or more warnings, Provider at its sole discretion may terminate User's account.
Provider does not guarantee, however, that it will monitor all postings, and cannot guarantee that material in violation of Provider's policy will not be posted. Provider may at any time and in its sole discretion change its policy regarding on-line conduct.
3. Free Services
At present, Provider's service may be freely accessed through an individual's alumni password on the Internet. Provider may restrict entry to certain future services and charge a fee for these Services. Provider will notify User if and when this change occurs.
4. Copyrighted Materials
The downloading of copyrighted material, including without limitation text, photographs, sound, video, and music, is allowed by Users only for Users' own use. Users may not copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise transfer any copyright material. The burden of determining whether any information, software or any other content on the service is protected by copyright rests with the User. User acknowledges that Provider and/or third party content providers remain the owners of the posted materials, and that User does not acquire any of those ownership rights by downloading copyrighted materials.
5. Export
The U.S. Export control laws regulate the export and re-export of technology originating in the United States . This includes the electronic transmission of information and software to foreign
countries and to certain foreign nationals. User agrees to abide by these laws - including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing
regulations - and not to transfer, by electronic transmission or otherwise, any Content derived from OLLU or IAC to either a foreign national or a foreign destination without first obtaining any required government authorization.
6. Third Party Sales and Service
Users may order and purchase merchandise or services from other Users of The OLLU Online Alumni Community who are not affiliated with The OLLU Online Alumni Community. All transactions concerning third party Merchant goods or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between merchant and User. The OLLU Online Alumni Community makes no warranties or representations whatsoever with regard to any goods or service provided or offered by any Merchant. The OLLU Online Alumni Community shall not be a party to a transaction between User and Merchant, or be liable for any cost or damage arising either directly or indirectly form any action or inaction of any Merchant.
7. Limitations of Liability and Warranty
User agrees that use of the Service is entirely at User's own risk. Provider's Services are provided "as is," without warranty of any kind, either expressed or implied, including without limitation any warranty for information, services, or products provided through or in connection with the service, including without limitation the Provider software licensed to the User and the results obtained through the Service. Specifically, Provider disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User specifically acknowledges that Provider is not liable for the defamatory, offensive or illegal conduct of other Provider Service members or third parties and that the risk of injury from the foregoing rests entirely with User.
Neither Provider nor any of its agents or affiliates shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service, or inability to gain access to or use the service, or out of any breach of any warranty.
8. Distribution/Uploading of Third Party Content
User may upload to the software files or otherwise distribute on The OLLU Online Alumni Community only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content which the author has given express
authorization for distribution on the World Wide Web. Any copyright Content submitted with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of
owner]; Used by Permission." The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User, not The OLLU Online Alumni Community or its independent contractors, is liable for any damage resulting from any infringements of copyrights, proprietary rights, or any other harm arising from such submission. By submitting Content to any User submit areas, User automatically grants, or warrants that the owner of such content has expressly granted The OLLU Online Alumni Community the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that
exists in such Content. User also permits any other User to Access, view, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed in The OLLU Online Alumni Community retains any and all rights which may exist in such Content.
9. Termination of Service
Provider may terminate User account or access right to this Service at any time, without notice, for conduct that Provider believes violates this Agreement or is harmful to other Users, to Provider's business, or to other information providers.
10. Choice of Law
This Agreement shall be constructed in accordance with and controlled by laws of the States of Ohio and Texas . User agrees to personal jurisdiction by the state and federal courts sitting in the States of Ohio and Texas .
11. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Provider and User. Provider may amend this agreement at any time upon notice from Provider to User as published through the Service.