Spirit of IU Terms of Use Date of Last Revision: June 18, 2011
These Terms of Use ("Terms") governs our relationship with users and others who interact with the Spirit of IU website. By using or accessing the Spirit of IU site, you agree to comply with and be bound by these Terms.
1. Privacy
Your privacy is very important to us. We have a separate Privacy Policy that describes how we collect and use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content (photos, videos, comments, feedback, and so on) that you post on spirit.iu.edu. By posting content on or in connection with spirit.iu.edu, you grant The Trustees of Indiana University and the IU Alumni Association a non-exclusive, perpetual, transferable, sub-licensable, fully paid-up, royalty-free, worldwide license to use that content ("IP License") in connection with operating the site and with other promotional and informational activities of Indiana University, the Indiana University Alumni Association, and the IU Foundation. This IP License permits us to use, copy, publicly perform or display, publicly distribute, modify, translate, and create derivative works of, the content, and to use it alone or together with content provided by others. For example, this IP License permits us to incorporate your photos into print publications distributed to alumni or montages in promotional videos developed by the University.
3. You understanding that when you publish content or information to publicly visible pages of the site, you are allowing anyone to view and access that content and information.
4. We always appreciate your feedback or other suggestions about the site. You understand that we may use the feedback and suggestions you provide without any obligation to compensate you for them (just as you have no obligation to offer them).
5. Lawful and Appropriate Use/Content
You agree to the following requirements with respect to your use of the site, including your posting of content to the site:
· You will comply with all applicable laws when using or accessing the site.
· You will not post content that belongs to someone else without that person’s permission.
· You will not post unauthorized commercial communications (such as spam) to the site.
· You will not collect users' content or information, or otherwise access the site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
· You will not upload viruses or other malicious code.
· You will not solicit login information or access an account belonging to someone else.
· You will not bully, intimidate, or harass any user.
· You will not post content that: is threatening, incites violence, or creates a hostile environment, or that contains nudity or graphic or gratuitous sex or violence.
· You will not post content that promotes or advocates the use of alcohol, illegal drugs, tobacco, or firearms.
· You will not use the site to do anything unlawful, misleading, or discriminatory.
· You will not do anything that could disable, overburden, or impair the proper working of the site, such as a denial of service attack.
· You will not facilitate or encourage any violations of these provisions.
6. Registration and Account Security
In order to help protect the security of your account and those of other users, you agree that:
· You will not provide any false personal information to the site, or create an account for anyone other than yourself without permission.
· You will not create more than one personal profile.
· If we disable your account, you will not create another one without our permission.
· You will not use the site if you are under 13.
· You will keep your contact information accurate and up-to-date.
· You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
· You will not transfer your account to anyone without first getting our written permission.
· If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
7. Protecting Other People's Rights
In connection with your use of the site:
· You will not post content or take any action on the site that infringes or violates someone else's rights or otherwise violates the law.
· We may remove any content or information you post if we believe that it violates someone else’s rights.
· If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
· If you repeatedly infringe other people's intellectual property rights, we will disable your account.
· You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
· You will not post anyone's identification documents or sensitive personal information to the site.
8. Amendments
We may change these Terms at any time, and such changes will become effective and apply to you thirty (30) days after we provide you notice by posting notice of the change(s) on the site home page; except that any changes made for legal reasons, or to correct an inaccurate statement, will become effective and apply to you immediately.
9. Termination
If you violate these Terms, or your activities regarding the site otherwise create risk or possible legal exposure for us, we may suspend or terminate your account. In such event, the following provisions will continue to apply in perpetuity: 2, 4-12.
10. Disputes
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms, your use of the site, or our administration of the site, exclusively in a state or federal court located in Monroe or Marion County, Indiana. The laws of the State of Indiana will govern the interpretation and application of these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Monroe and Marion Counties for the purpose of litigating all such claims.
11. Indemnification
If anyone brings a claim against us related to your actions, content or information on the site, you will defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
12. YOU USE THE SITE AT YOUR OWN RISK. WE ARE PROVIDING THE SITE ”AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. INDIANA UNIVERSITY AND THE IU ALUMNI ASSOCIATION ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR OUR ADMINISTRATION OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Users Outside the United States
With respect to members of the Spirit of IU community that access and use the site from outside the United States, You consent to having your personal data transferred to and processed in the United States.
14. Other
These Terms make up the entire agreement between you, Indiana University, and the IU Alumni Association with respect to your use of this site. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. These Terms do not confer any third party beneficiary rights.
You may also want to review the following documents:
•Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information when you visit and use the site, and may be found at [insert].
•How to Report Claims of Intellectual Property Infringement: http://www.iu.edu/~iuhome/comments/complaint.shtml
•How to Appeal Claims of Copyright Infringement: [TBD]
•To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your Facebook session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the English version.
