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.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
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.
4. HBCUCONNECT.com PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy policy
at http://www.hbcuconnect.com/privacy.shtml.
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:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to,
a HBCUCONNECT.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i.
"stalk" or otherwise harass another; or
j.
collect or store personal data about other users.
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
With respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant HBCUCONNECT.com
the following world-wide, royalty free and non-exclusive license(s),
as applicable:
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service
other than HBCUCONNECT.com Clubs or HBCUCONNECT.com Groups, the
license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available.
With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service other than HBCUCONNECT.com Clubs or HBCUCONNECT.com
Groups, the perpetual, irrevocable and fully sublicensable license
to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"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. .
9. INDEMNITY
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.
13. TERMINATION
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.
15. LINKS
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:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HBCUCONNECT.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.
HBCUCONNECT.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM HBCUCONNECT.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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
DAMAGES.
21. NOTICE
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, COPYRIGHT AGENTS, AND DCMA COMPLICANCE
HBCUConnect.com ("we", "our", "us") respects the intellectual property rights of others and expects our
members and users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have
adopted the following policy for handling claims of copyright infringement on our website.
a.
USER GENERATED CONTENT: Our website allows members to post and share content.
Users are solely responsible for the content they upload, publish, or share. We do not actively monitor all
content, but we take copyright infringement claims seriously.
b.
COPYRIGHT INFRINGMENT NOTIFICATION: If you believe your copyrighted work has
been posted on our site without authorization, please send a written DMCA notice to our Designated Copyright
Agent that includes the following:
Identification of the copyrighted work claimed to have been infringed.
Identification of the
material that is claimed to be infringing (include specific URLs or other identifying information).
A
statement that you have a good faith belief the use of the material is not authorized by the copyright owner,
its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is
accurate and that you are authorized to act on behalf of the copyright owner.
Your physical or
electronic signature.
Your name, mailing address, telephone number, and email address.
Designated Copyright Agent:
Content Compliance Department, Dir. of Compliance
HBCUConnect.com
4318 Montgomery Rd.
Cincinnati, Ohio 45212
copyright@hbcuconnect.com
c.
TAKEDOWN PROCEDURE: Upon receipt of a valid DMCA notice, we will:
Remove or disable access to the allegedly infringing material.
Notify the user who posted the
material.
Provide the user with an opportunity to submit a counter-notification (see below).
d.
COUNTER-NOTIFICATION: If you believe material you posted was removed or
disabled in error, you may file a counter-notification with our Copyright Agent. Your counter-notification
must include:
Identification of the material that has been removed or disabled and its original location.
A
statement, under penalty of perjury, that you have a good faith belief the material was removed due to mistake
or misidentification.
Your name, mailing address, telephone number, and email address.
A
statement that you consent to the jurisdiction of the federal district court for your address (or for OHIO,
if outside the U.S.), and that you will accept service of process from the original complainant.
Your
physical or electronic signature.
If a valid counter-notification is received, we may restore the removed material unless the original complainant
files a court action within 10 business days.
e.
REPEAT INFRINGERS: In compliance with the DMCA, we will terminate accounts of users
who are repeat infringers when appropriate.
f.
RESERVATION OF RIGHTS: We reserve the right to remove any content alleged to infringe
without prior notice and at our sole discretion. Nothing in this policy constitutes legal advice.
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.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care team.
