lsuatlanta.com Service Agreement
"lsuatlanta.com" is the interactive on-line service operated by the Greater Atlanta Chapter of the LSU Alumni Association ("LSUATL") on the World Wide Web of the Internet, consisting of information services and content provided by LSU Atlanta, affiliates of LSATL and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of lsuatlanta.com.
(A) This Agreement, which incorporates by reference other provisions applicable to use of lsuatlanta.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in lsuatlanta.com, sets forth the terms and conditions that apply to use of lsuatlanta.com by Subscriber. By using lsuatlanta.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use lsuatlanta.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) LSUATL shall have the right at any time to change or discontinue any aspect or feature of lsuatlanta.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
LSUATL shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of lsuatlanta.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on lsuatlanta.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of lsuatlanta.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of lsuatlanta.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use lsuatlanta.com for lawful purposes only. Subscriber shall not post or transmit through lsuatlanta.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without LSUATL's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in LSUATL's discretion restricts or inhibits any other Subscriber from using or enjoying lsuatlanta.com will not be permitted. Subscriber shall not use lsuatlanta.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with lsuatlanta.com.
(B) lsuatlanta.com 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 lsuatlanta.com are copyrighted as a collective work under the United States copyright laws. LSUATL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber 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. Subscriber may download copyrighted material for Subscriber's personal use only. 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 LSUATL 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. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on lsuatlanta.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of lsuatlanta.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted LSUATL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants LSUATL the right to edit, copy, publish and distribute any material made available on lsuatlanta.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of LSUATL and its respective subsidiaries, parent organizations, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF lsuatlanta.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER LSUATL, ITS AFFILIATES OR PARENT ORGANIZATIONS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT lsuatlanta.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF lsuatlanta.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH lsuatlanta.com.
(B) lsuatlanta.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT LSUATL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL LSUATL OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING lsuatlanta.com OR THE lsuatlanta.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE lsuatlanta.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON lsuatlanta.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER LSUATL, NOR ITS AFFILIATES, PARENT ORGANIZATIONS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN lsuatlanta.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER LSUATL, NOR THEIR AFFILIATES, PARENT COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
LSUATL shall have the right, but not the obligation, to monitor the content of lsuatlanta.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by LSUATL and to satisfy any law, regulation or authorized government request. LSUATL shall have the right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on lsuatlanta.com. Without limiting the foregoing, LSUATL shall have the right to remove any material that LSUATL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless LSUATL, its respective affiliates and parent organizations and each if their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of lsuatlanta.com by Subscriber or Subscriber's Account.
Either LSUATL or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, LSUATL shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which LSUATL, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
All trademarks appearing on lsuatlanta.com are the property of their respective owners.
11. Third Party Content.
LSUATL is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, LSUATL has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of lsuatlanta.com, are those of the respective author(s) or distributor(s) and not of LSUATL. Neither LSUATL nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through lsuatlanta.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with LSUATL. LSUATL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on lsuatlanta.com by anyone other than authorized LSUATL spokespersons while acting in their official capacities. Under no circumstances will LSUATL be liable for any loss or damage caused by a Subscriber's reliance on information obtained through lsuatlanta.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through lsuatlanta.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for lsuatlanta.com established by LSUATL constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
LSUATL respect the rights of all copyright holders and in this regard, LSUATL has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LSUATL's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:
LSU Alumni Association - Atlanta Chapter
2221-D Peachtree Rd NW, #344
Atlanta, GA 30309
14. Comment Policy
LSU Atlanta encourages you to add comments to its message boards and discussion forums. You may not post any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law. Please note that lsuatlanta.com makes reasonable efforts to review comments as necessary, and lsuatlanta.com may edit comments for clarity or to keep out questionable or off-topic material. All comments should be relevant to the post and remain respectful of other authors and commenters. By submitting your comment, you hereby give lsuatlanta.com the right, but not the obligation, to post, air, edit, exhibit, telecast, cablecast, webcast, re-use, publish, reproduce, use, license, print, distribute or otherwise use your comment(s) and accompanying personal identifying information via all forms of media now known or hereafter devised, worldwide, in perpetuity.
15. LSU Atlanta Privacy Notice
Thank you for visiting lsuatlanta.com, operated by the Greater Atlanta Chapter of the LSU Alumni Association ("LSUATL"). Your privacy is important to LSU Atlanta ("we", "us" or "our"). To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at lsuatlanta.com. Please be advised that the practices described in this Privacy Notice apply only to information gathered through and in connection with this web site and do not necessarily reflect our practices for other sites we operate.
The Information We Collect
At our site, you may now or in the future be able to order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.
You may also be able to submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient's name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.
At certain parts of our site, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and offerings.
We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
How We Use the Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, advertisements, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
If you choose to submit content for publication (e.g., message for a forum), we may publish your screen name and other information you have provided to us (e.g. transcript of the forum, including your message).
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
Agents and contractors of lsuatlanta.com who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for lsuatlanta.com.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that is collected will never be disclosed in a manner that is inconsistent with this Privacy Notice.
Cookies & Web Beacons
To enhance your experience with our sites, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on this site from time to time for this and other purposes.
Collection of Information by Third-Party Sites, Ad Servers, and Sponsors
Our site may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we may not have control over information that is submitted to, or collected by, these third parties.
We sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or cobranded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. lsuatlanta.com does not have ultimate control over these third parties' use of this information.
Our Commitment to Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
Special Note for Parents
The site you are visiting is considered a general audience site.
How to Contact Us
Updates & Effective Date
From time to time, we may update this privacy notice. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and to whom we disclose it.
The Privacy Notice posted on this site was updated on or about August 11, 2006.
Unsubscribing from e-mail lists
If you have signed up to receive our e-mails and prefer not to receive marketing information from this site, follow the "unsubscribe" instructions provided on any marketing e-mail you receive from this site.
Access to personal information
If you created a password-protected account within our site go back to that portion of the site to review the information you provided.