Any entity (herein referred to as "you") that accesses all or any individual part of the Columbia Daily Spectator web site located at http://www.columbiaspectator.com or any related page or site (herein referred to as "the Site"), whether or not a registered user, agrees that access of the Site constitutes acceptance of these Terms of Service and the Privacy Policy of the Site. Each time a user accesses the Site, the Terms of Service and the Privacy Policy should be reviewed because Columbia Daily Spectator reserves the right to change them from time to time without notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.
Site Access and Security
The Site and services provided on and through the Site (the "Services") may not be accessed or used by any individuals that are not at least thirteen years old. Access of this site is not permitted where prohibited by law. By accessing and using the Site you represent and warrant that you are at least thirteen years old, that access of this site is not prohibited in your region, and that you may legally agree to these terms of service.
You agree to be responsible for the security and confidentially of your password and identification needed to post events and edit information about yourself. You agree that you are responsible for all uses of and action taken with your password and identification, irrespective of whether used by you personally, and will accept the consequences and liability for any violations of the Terms of Service by your account.
User Representations and Warranties
You represent and warrant to all of the following conditions:
Your use of the Site and the Services is for your personal, non-commercial use.
All content and materials that you submit or provide or that is submitted or provided through your account shall be accurate, complete, and true and you will promptly update and delete such information, content, and materials as necessary to keep it current, accurate, complete, and true.
The content and materials submitted through your account or provided by you shall not be threatening, inflammatory, harassing, abusive, obscene, racially or ethnically or otherwise objectionable, libelous, defamatory, contain any pornographic material, involve any type of solicitation for a sweepstakes or contest, or in any way violate any applicable United States, international, state or local laws, regulations, or orders.
The posting on the Site or providing through use of the Services of the content and materials submitted through your account or provided by you shall not violate any contractual rights of any third party or infringe upon any copyright, trademark, privacy, intellectual property, or proprietary rights of any third party.
All information in you user account shall be accurate and truthful. You shall not impersonate any person or entity, or falsely state, or otherwise misrepresent yourself or your affiliation with any group, person, or entity.
You shall not use the Site to post, transmit, distribute, or share any advertisements, solicitations, promotions, "junk mail," "spam," "pyramid schemes," "chain letters," or similar materials or communications.
You shall not solicit or attempt to obtain in any manner any personal information from anyone under thirteen years old.
You shall not make publicly available or distribute to any third party any personally identifiable or credit information about any user of the Site or the Services, including, without limitation, addresses, phone numbers, e-mail addresses, credit card numbers, and social security numbers.
You shall not impair, disable, or otherwise adversely affect the Site or the Services or the functionality or operation of the Site or the Services, including posting or uploading any materials that contain viruses, code, files, or programs. You shall not use any spiders, automated programs, scripts, robots, or any similar devices that either obtain information from the Site or affect he Services.
You assume all liability relating to or arising from any and all content posted to the Site, specifically, though not exclusively, you assume the liability relating to any legal action taken against posts made by you that are labeled as illegal, libelous, or otherwise objectionable.
Ownership of Site Content
All information, content, and data (including, without limitation, designs, text, graphics, pictures, video, music, and sound and their format, arrangement, and selection, as well as the code that powers the site) (the "Site Content") provided by Columbia Daily Spectator, its licensors, partners, associates, and the users of the Site on the Site is owned by Columbia Daily Spectator, and its third party providers where specifically noted, with all rights reserved. Columbia Daily Spectator and its third party providers retain all copyright, intellectual property rights, trademark, and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted, or distributed without entering into an agreement with Columbia Daily Spectator or obtaining Columbia Daily Spectator' expressed written permission. Any unauthorized use of any materials on the Site may violate copyright, trademark, and other laws.
However, you may download or print any portion of the Site Content solely for your personal, non-commercial use, provided that such copy has all proprietary and copyright notices posted with such content. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation, or any database.The use of data mining, robots, or any type of data gathering or extraction methods on the Site is prohibited. The name of the Site and the designs and icons of the Site are trademarks of Columbia Daily Spectator, and may not be copied, used, or imitated without the prior written permission of Columbia Daily Spectator.
User Content
You are solely responsible for all content, including, without limitation, all videos, profiles, photos, information, listings, promotions, advertisements, and messages that are provided, posted, or uploaded on the Site or transmitted to other users by you or through your account (collectively this material is known as the "User Content"). You agree that Columbia Daily Spectator has the right, in its sole discretion, but not the obligation, to delete at any time any and all User Content posted, uploaded, or transmitted by you without providing any notice to you. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Columbia Daily Spectator.
You hereby grant a worldwide, perpetual, transferrable, non-exclusive, fully paid, royaltry-free, and irrevocable license to Columbia Daily Spectator (with a right to sublicense to third parties) to all User Content for use by Columbia Daily Spectator for any purpose in connection with the Site and promotion and marketing of the Site, including, without limitation, the right to publicly display, copy, publicly perform, reformat, translate, and excerpt, and to use in advertisements, promotions, and commercial purposes. You authorize and grant a worldwide, perpetual, transferrable, non-exclusive, fully paid, royalty-free, irrevocable license to Columbia Daily Spectator to develop and create derivative works of the User content and incorporate the User Content into other works and to sublicense to third parties such rights to develop, create, and incorporate the User Content.
Disclaimers, and Limitation of Liability
Columbia Daily Spectator does not guarantee or warrant that the Site or the Services will be uninterrupted, without delay, error-free, omission-free, impervious to hacking or other crimes, or free of viruses.
THE SITE, THE SERVICES, AND THE SITE CONTENT ARE PROVIDED "AS IS." Columbia Daily Spectator MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT OR THE SERVICES OR THE RESULTS TO BE OBTAINED FROM USING THE SITE CONTENT AND THE SERVICES. Columbia Daily Spectator (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USER'S USE TO THE SITE, THE SERVICES, AND THE SITE CONTENT OR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE SITE, THE SERVICES, OR THE SITE CONTENT. Columbia Daily Spectator (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY FAULTS, INTERRUPTIONS, OR DELAYS IN PROVIDING THE SITE, THE SERVICES, OR THE SITE CONTENT. Columbia Daily Spectator (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND LICENSORS AND THIRD PARTY PROVIDERS) HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT TO THE EXTENT RESTRICTED IN CERTAIN JURISDICTIONS, IN NO EVENT SHALL Columbia Daily Spectator (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION, OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THE SITE CONTENT OR ANY CONTENT ACCESSED BY USE OF THE SITE OR THE SERVICES. IN THE EVENT THAT Columbia Daily Spectator (ITS OFFICERS, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR THIRD PARTY PROVIDERS) ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT OT THE SITE, THE SERVICES OR THE SITE CONTENT, IN NO EVENT SHALL Columbia Daily Spectator' (ITS OFFICER', DIRECTOR', AND EMPLOYEES') AGGREGATE LIABILITY TO ANY USER EXCEED ONE DOLLAR ($1.00).
Indemnification
You agree to indemnify and hold harmless Columbia Daily Spectator, its affiliates, officers, directors, employees, licensors, and third party providers (individually and collectively, the "Indemnified Parties") from and against any and all liabilities, damages, costs, losses, claims, demands, and expenses (including reasonable attorney's fees and court costs) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of the user representation and warranties contained in these Terms of Services, (ii) any information, material, or content posted, provided, or uploaded on Site or the Services by you or through your account or (iii) any use of the Site or the Services by you or through use of your account.
Infringing Material
If you believe that any content or materials on the Site or provided through use of the Services infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below.
Columbia Daily Spectator has designated Melissa Repko as its agent under the digital Millennium Copyright Act for the receipt of any Notification of claimed Infringement that may be given under such Act. Melissa Repko may be reached by Mail at Columbia Daily Spectator, c/o Melissa Repko, 5006 Lerner Hall, 2920 Broadway, New York, NY, by phone at 949-294-3444, or email at repko.melissa@gmail.com.
The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works at that site.
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 Columbia Daily Spectator to locate the material.
Information reasonably sufficient to permit Columbia Daily Spectator to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
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.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links
Any and all links to other websites contained in the Site are provided for the convenience of those who wish to access other websites quickly and efficiently. Columbia Daily Spectator is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other websites or provider(s) of any information contained on any websites that link to the site and has no responsibility for the use and privacy of user's information on any websites that are linked to or from any portion of the Site.
Governing Law and Venue
All disputes and claims arising out of or relating to the Site, the Site Content, these Terms of Service, or the Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You acknowledge and agree that Columbia Daily Spectator has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond. You and Columbia Daily Spectator waive any and all rights to a jury trial. You agree that the sole jurisdiction and venue for resolving all claims and disputes is New York and you waive any defenses of inconvenient forum or lack of personal jurisdiction.
General
These Terms of Service and the Privacy Policy constitute the entire agreement between you and Columbia Daily Spectator regarding the use of the Site, the Services, and the Site Content. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Columbia Daily Spectator' failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given and interpretive effect.