1. Acceptance of Terms
This online community (referred to as “the Site”) is provided as a service to you subject to your review and acceptance of the following terms and conditions of service. By using this Site, you agree to be legally bound and to abide by these Terms and Conditions. If you do not comply with these Terms and Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Site (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Site. You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice. If you do not abide by the provisions of these Terms and Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Site.
2. Your Registration Obligations
In return for use of the Site, you agree that you are more than 13 years of age. We recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before using the Site. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form and to maintain and promptly update the information you provide to us. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Site administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Site has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In some cases, information is pre-loaded to the Site.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify the Site immediately of any unauthorized use of your password(s) or user account information, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are encouraged to exercise good judgment and caution regarding the security of any personal information disclosed by you. We will not be liable for any of your acts or omissions, including any damages of any kind that result from your acts or omissions.
5. Member Conduct
The Site contains e-mail services, message boards, news, events, chat rooms, communities, personal profile Web pages, calendars, photo albums, file libraries, Instant Notes, and/or other communication services. You acknowledge and agree that the information contained in this Site, including software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.
You acknowledge that all content posted, emailed, or otherwise transmitted to or on this Site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to this Site. We do not control the Postings posted, emailed or otherwise transmitted on the Site by others and, as such, we do not guarantee the accuracy, integrity, or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Site (as described below), you understand that by using this Site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed, or otherwise transmitted to or through this Site.
You agree to use the services of this Site only to post, send, and receive messages and material that are proper and, when applicable, related to the particular communication service. All content and materials posted should be in good taste and in keeping with the values and standards espoused by Brigham Young University and its sponsoring institution, The Church of Jesus Christ of Latter-day Saints. Your privilege to use this Site and contribute to discussions depends on your compliance with the conduct standards and guidelines set forth below. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these standards and guidelines if violations are brought to our attention. Further, if you fail to adhere to these standards and guidelines, or any of these Terms and Conditions, we may terminate, in our sole discretion, your use of, or participation in any of the services available in the Site.
By way of example, and not as a limitation, you agree that when using the services of this Site, you will not:
a) Use the services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any other form of commercial solicitation, or any duplicative or unsolicited messages (commercial or otherwise).
b) Create content or postings which are machine- or randomly-generated, or which contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
c) Solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users of the Site, including user names or passwords; or access or attempt to access another user’s account without his or her consent.
d) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
e) Publish, post, upload, email, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, vulgar, harmful, threatening, abusive, harassing, tortious, libelous, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or unlawful topic, name, material, or information.
f) Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor.
g) Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
h) Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
i) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another, or that may destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
j) Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allow such messages.
k) Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
l) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
m) Restrict or inhibit any other user from using and enjoying the services. For example, disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a community area (or other portion of this Site) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Site.
n) Harvest, mine, or otherwise collect information about others, including e-mail addresses.
o) Intentionally or unintentionally violate any applicable laws or regulations.
p) Create a false identity for the purpose of misleading others, including forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Site.
q) Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof.
r) Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service.
s) Violate any code of conduct or other guidelines, which may be applicable for any particular service.
6. 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.
7. Content submitted to this site
You agree that all member information and transactional data received or collected by the Site is the property of the Site. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to this site, you automatically grant the Site a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, perform, display, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed. Without limiting the foregoing, the Site shall have the right to remove any content that violates the terms of service or is otherwise determined as objectionable.
You agree to indemnify and hold the Site, its administrators, iModules Software, Inc., Brigham Young University, and their officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of these Terms and Conditions, the terms of service, or your violation of any rights of another.
9. No resale of service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site.
10. Modifications to service
The Site 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 the Site shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.
11. Termination of Use
You agree that the administrators of the Site may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. You agree that the Site shall not be liable to you or any third-party for any termination of your access to the service.
12. Third Party Web Sites, Content, Products and Services
The Site may provide links to Web sites and access to content, products, and services from third parties, including users, advertisers, affiliates, and sponsors of the site. You agree that the Site is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Site is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that the Site is not responsible or liable, directly or indirectly, for any loss or damage of any sort you may incur from dealing with any third party.
13. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use the Site (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: Carl Johnson, 3760 HBLL, Brigham Young University, Provo, Utah 84602. Telephone: (801) 422-3821. E-mail: email@example.com
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS SITE, BRIGHAM YOUNG UNIVERSITY, AND IMODULES SOFTWARE,INC. EXPRESSLY DISCLAIM 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; AND MAKE NO WARRANTY THAT:
(A) The Site WILL MEET YOUR REQUIREMENTS;
(B) The Site WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF the Site IS DONE AT YOUR OWN DISCRETION AND RISK. THIS SITE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
15. Limitation of Liability
IN NO EVENT SHALL EITHER THE SITEOR BRIGHAM YOUNG UNIVERSITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail or regular mail. The service may also provide notices of changes to the Terms and Conditions of service or other matters by displaying notices or links to notices to you generally on the service.
17. Governing Law and Choice of Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Site or these Terms and Conditions shall be filed only in the state or federal courts located in the State of Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on this Site. Each time you access this Site, you will be deemed to have accepted any such changes. The failure to insist upon or enforce the strict performance with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of any right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Please report any violations of these Terms and Conditions to firstname.lastname@example.org.