1. Read This. This Agreement contains the terms and conditions that govern your use of the www.sau.edu or any other St. Ambrose websites ("Site" or "Sites"). If you do not wish to be bound by this Agreement after you have read it, please promptly exit all Sites. This Site is registered to and hosted by St. Ambrose University ("SAU") (collectively, "we" , "us", or "our").BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
6. Trademarks and Copyrights. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of SAU. SAU retains all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.
All contents of websites administered by SAU are: Copyright 2011 St. Ambrose University. All rights reserved.
7. Hyper-Links. This Site may be hyper-linked to other sites which are not maintained by or related to us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyperlinked to this Site.
B. Representations and Warranties. You represent and warrant that: (1) you own the Submissions Posted by you on or though the Site and/or Services or otherwise have the right to grant the license set forth in this Section, and (2) the Posting of your Submissions on or through the Site and/or Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or violate U.S. law or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, defamatory or otherwise objectionable or otherwise Prohibited Material as defined below. You are solely responsible for the Submissions that you Post on or through the Site and/or Services. You agree to pay for all royalties, fees, and other monies owing any person or entity by reason of any Submission Posted by you on or through the Site and/or Services.
C. Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow Posting of any child pornography, or obscene or defamatory material. You agree that you will not Post in connection with this Site any Prohibited Material. Prohibited Material is material that:
D. Removal Right. You expressly agree that we may remove, disable or restrict access to or the availability of any Content or Submission from this Site (including, but not limited to, content which you have Posted or stored) which we believe, in our discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us. We also reserve the right at all times to edit, refuse to Post or to remove any information or materials, in whole or in part, in our sole discretion. If you believe that we have acted mistakenly with respect to certain Content or Submissions, you may contact us by clicking here , in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Submissions and Content at this Site is a privilege, not a right. You agree that under no circumstances may we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling or restricting access to or the availability of Submissions and/or Content.
E. Procedures. If you believe that someone has Posted Content or material at this Site which violates this policy (other than in cases of copyright infringement, which is addressed in Section 9.F.), we ask you to promptly notify us by clicking here . You must use this link if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications.
In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration number of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
F. Digital Millennium Copyright Act Compliance. We respect the intellectual property rights of others and we prohibit users from Posting to or through the Site or Services any materials or Content that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright which you own has been Posted on our Site without authorization you may send a written notification to our Designated Agent at:
St. Ambrose University
518 West Locust Street
Davenport, Iowa 52803
11. Limitation on Liability. SAU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SAU AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED AMOUNT YOU HAVE PAID TO SAU FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
13. Security. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). SAU will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SAU considers insecure, SAU will be entitled to require the password to be changed and/or terminate your account.
C. No Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SAU as a result of this Agreement or use of SAU's websites.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
E. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
F. Non-Waiver. The failure of SAU to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
G. Titles. The section titles are for convenience only and have no legal or contractual effect.
Indemnification. St. Ambrose University assumes no liability of any user with respect to his or her use of SAUNET. User agrees to indemnify and hold harmless St. Ambrose University, its trustees, officers, employees and agents from any and all claims, demands, actions, causes of action, suits, damages, liabilities and costs and expenses of every nature, including attorney's fees, relating to or arising out of the use of SAUNET. This indemnification shall include, but is not limited to, any and all claims or suits for which either party is alleged or found to have been wholly or partially negligent.