Last Modified: [11/7/18]
This Agreement contains the complete terms and conditions that govern the use of the DCU for You website (“Site”).
BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THAT YOU ARE AT LEAST 18 YEARS OF AGE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE. WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO THIS LINK. You are obligated to periodically review this document to make yourself aware of any changes to this document and any continued use of the Site shall constitute your acceptance of any such changes.
2. ACCESS TO THIS SITE. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
3. APPLICABLE USE OF SITE. If you fail to follow any of the terms or conditions of this Agreement or any other applicable guidelines and/or rules of behavior, we can immediately suspend and/or discontinue your ability to use the Site. In addition, we have the right to delete any piece of content or material, comment, as well as any topic or profile that we find objectionable, in our sole discretion. You alone are totally responsible for any activity that takes place on the Site under you Site account. If you become aware of any unauthorized use of your Site username and/or password, it is your responsibility to notify us immediately. You must maintain the confidentiality of your Site password and username.
4. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame the Site without our express prior written permission. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any person in such a manner as is reasonably likely to give a user the impression that such other person has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of this Agreement, “framing” refers to displaying the Site within a bordered area of another website, regardless of whether the address of the originating Site is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from us.
5. NO UNLAWFUL ACCESS. You agree that you will not use the Site in any manner that could in any way disable, overburden, damage, or impair the Site or otherwise interfere with any other person’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site.
6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. The Site is provided for your personal and non-commercial use, unless otherwise specified in writing. You may not use the Site for any other purpose, including any commercial purpose, without our prior express written permission. You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site, in whole or in part.
7. PROPRIETARY INFORMATION. All content found on the Site (“Content”) is deemed to be copyrighted and trademarked intellectual property of DCU, or of the party that created and/or licensed the Content to us. No rights or title to any of the Content contained on the Site shall be considered transferred or assigned to you at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without our prior express written permission, except that you may print out and/or save one copy of the Content for your personal use only.
8. SUBMISSIONS. You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to us through this Site (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Submission as confidential and may use any Submission in our business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations or businesses.
9. HYPERLINKING. This Site may be hyperlinked to and by other websites which are not maintained by, or related to, DCU. Hyperlinks to such sites are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with this Site or DCU. We have not reviewed any or all of such sites and are not responsible for the content of any linking sites, and any links made directly from the Site to another web page should be accessed at your own risk. We make no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.
10. USE OF COMMUNICATION SERVICES. The Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with other persons and/or groups (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
- you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
- advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
- is vulgar, obscene, pornographic, incendiary, or indecent;
- threatens or abuses others;
- is libelous or defamatory towards others;
- is racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
- harvests or otherwise collects information about others, including email addresses, financial information or other personally identifying information, without their prior express consent in each instance;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
- falsifies or deletes any 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 permissibly uploaded (e.g., copyright, trademark or patent notices);
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers, or sponsors for any purpose;
- includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Site;
- amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
- disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Site and/or any networks connected to the Site; or
- contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Services may be subject to limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your Submissions. You remain solely responsible for the content of your Submissions. You acknowledge and agree that neither DCU nor any third party that provides Content to us will assume or have any liability for any action made by us or such third party with respect to any Submission.
You acknowledge that we may or may not pre-screen materials uploaded to the Communication Services, yet we may, in our sole discretion, pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by us in our sole discretion.
We may, at any time and from time to time, modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE WE EXPLICITLY PROHIBIT THE ABOVE CONDUCT AND CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AND CONTENT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATION SERVICES VIOLATES ANY OF THE TERMS OF THIS AGREEMENT, WE MAY SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
11. RIGHT TO TERMINATE ACCESS. We may monitor use of this Site to determine compliance with this Agreement, as well as to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
13. DISCLAIMER AND LIMITATIONS ON LIABILITY. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Site. We further disclaim any responsibility to ensure that the Content located on its Site is necessarily complete and up-to-date.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
DCU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DCU AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DCU FOR YOUR USE OF THE SITE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
14. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DCU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THIS AGREEMENT BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THIS AGREEMENT. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
15. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (collectively, “Intellectual Property”) appearing on the Site are the property of DCU or the party that provided the Intellectual Property to us. DCU and any party that provides Intellectual Property to us retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to you and/or any other third party.
16. COPYRIGHT INFRINGEMENT AND REPEAT INFRINGER POLICY (DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)).
INFRINGEMENT NOTIFICATION. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Please include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, including the current URL address;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
COUNTER-NOTIFICATION. If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of federal district court in Massachusetts, and that you will accept service of process from the person who provided notification in compliance with section 512(c)(1)(C) of the DMCA, or an agent of such person; and
- Your physical or electronic signature.
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
Our Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:
Attn: DCU Copyright Agent
If we receive multiple DMCA notifications from content owners related to your name and/or account, we reserve the right to treat you and/or your account as a repeat copyright infringer. In our sole discretion, we may suspend or terminate, without notice, any user that we determine is a repeat copyright infringer.
17. DISPUTES. If there is any dispute about or involving this Agreement, the Site, and/or any Communications Services, you agree that any dispute shall be governed by the laws of the Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the state and federal courts of Middlesex County, Massachusetts in connection with any dispute between you and us arising out of or involving this Agreement, the Site, and/or any Communications Services.
A. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site.
D. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of DCU.
E. The section titles in the Agreement are for convenience only and have no legal or contractual effect.