- International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where such access occurs. BYUB makes no representation that the Site or the associated materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site materials from any jurisdiction where access or use is illegal is prohibited.
- Public Forum. “Public Forum” means an area, site or feature offered as part of the Site that has User Content for the viewing by one or more other users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications and that you have no expectation of privacy with regard to any User Content in a Public Forum.
Guidelines. If you submit any User Content or participate in an Interactive Feature within or in connection with the Site, you agree not to:
- Upload, post or otherwise transmit any User Content that is or advocates actions that are: (i) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person (specifically, you must not distribute another person’s personal information of any kind without their express permission); (ii) bigoted, hateful, or racially or otherwise offensive; (iii) violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) a position in violation of the BYU Honor Code;
- Upload, post or otherwise transmit any User Content that violates any applicable local, national, or international law or regulation or engage in activity that would constitute a criminal offense or give rise to a civil liability, or that would advocate or provide instructions to a third party to do the same;
- Upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Feature;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or upload, post or otherwise transmit any User Content that includes an identifiable natural person without the appropriate consent to use such person’s name or likeness in the manner contemplated by the Site;
- Upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component, or otherwise tamper with, impair, interfere with or disrupt the Site or the servers or networks connected to the Site;
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial or business-related purpose, any portion of the Site, use of the Site, or access to the Site or advertise or offer to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions, donations, participation in contests, etc.) through the Site; or
- Upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by BYUB, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
- Moral Rights. If it is determined that you retain moral rights or ancillary rights (including rights of attribution or integrity) in the User Content, you hereby declare that (i) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by BYUB or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (iv) you forever release BYUB, and its licensees, successors and assigns, from any claims that you could otherwise assert against BYUB by virtue of any such moral rights.
Intellectual Property Ownership. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. BYUB owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BYUB and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Third Party Content. In many instances, the content, including User Content, available through the Site represents the opinions and judgments of the respective user or information provider not under contract with BYUB. BYUB neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will BYUB be liable for any loss or damage caused by your use or reliance on information obtained through the Site.
Disclaimer of Warranty; Limitation of Liability; Indemnification
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BYUB, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.
- THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM THE SITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BYUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST BYUB WITH RESPECT TO USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD-PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
- IN NO EVENT WILL BYUB, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE AND/OR FOR NEGLIGENT ACTIONS BY BYUB, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS IN CONNECTION WITH THE SITE.
- Digital Millennium Copyright Act (DMCA). If you are a copyright owner or an agent thereof and believe that any User Content on the Site infringes upon your copyrights, you may notify BYU’s Designated Agent pursuant to the requirements set forth at http://lib.byu.edu/departs/copyright/policy/infringe.html#claims.
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