TERMS OF USE
Effective Date: December 1, 2014
PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE USING THE PLATFORM (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE PLATFORM. YOU AGREE TO THESE TERMS BY ACCESSING OR USING THE PLATFORM.
These Terms apply to the CAM2 website, currently located at www.cam2project.net, as well as any other websites, mobile applications, applications, interactive features, or online services that are owned or controlled by Purdue University and/or the CAM2 Project at Purdue University (“Purdue,” “we,” “our,” or “us””) and that post a link to these Terms, whether accessed via computer, mobile device or otherwise (collectively, the “Platform”). Unless otherwise stated in writing, these Terms do not apply to your offline business dealings with Purdue. You may use the Platform for academic, educational, and research purposes only. You may not use the Platform for commercial purposes.
When using particular services or features of the Platform, including downloading content from the Platform, both these Terms and a separate contract, terms of service, or a similar agreement ( "Additional Terms ") may apply to your use of that service or feature. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW; DISPUTES; ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND PURDUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
1. OWNERSHIP OF SITE MATERIALS
The Platform includes all materials that comprise or are otherwise a part of the Platform (including past, present and future versions of the Platform), including, without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Platform; the compilation, assembly and arrangement of the materials of the Platform; and all other materials related to the Platform (collectively, "Materials").
The Materials are owned by or licensed to Purdue and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Purdue, no rights in the Materials (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Platform. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms and any Additional Terms, Purdue grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not copy or adapt any object code associated with the Platform, reverse engineer, modify or attempt to discover any source code associated with the Platform, nor allow or assist any third party (whether or not for your benefit) to do so. If you publish a paper based in whole or in part on the Platform or research conducted on or through the Platform, you agree to cite the Platform, including the URL to the Platform, in your publication.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Platform. Any and all rights to use the Platform that are not expressly granted to you under these Terms are reserved for Purdue or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Purdue's rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
2. USER CONTENT; LICENSE TO PURDUE
The Platform may provide you and other users the opportunity to submit, display or post to the Platform a variety of information, content or media, including videos, images, computer code, and text (collectively, "User Content"). Purdue does not control the User Content made available via the Platform and therefore does not guarantee the accuracy, integrity or quality of any User Content.
(1) Responsibility for User Content . You understand that you are solely responsible for your User Content, however submitted. You agree that your User Content complies with the User Submission Policy set forth below and does not contain any content that: libels, defames, invades or violates the privacy of another person, or is indecent, obscene, pornographic, abusive, or threatening (in Purdue’s sole discretion); infringes any intellectual property right of any entity or person, including, but not limited to, violating copyrights or trademarks or any right of publicity, or otherwise violates any law. Purdue assumes no, and you assume all, responsibility or liability arising from or related to any User Content submitted to or posted to the Platform, including responsibility or liability for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information you submit to or post to the Platform.
We have no obligation to monitor the Platform or any User Content made available via the Platform. However, you acknowledge and agree that Purdue has the right to monitor the Platform and User Content you provide and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part subject to Purdue's sole discretion. Purdue reserves the right to suspend or terminate your access to the Platform at any time. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in your User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of your User Content.
(2) License to Purdue . Your User Content, whether submitted via the Platform or otherwise to Purdue, will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You remain the owner of your User Content, but, when you make a submission, you automatically grant to Purdue a worldwide, non-exclusive, assignable, royalty-free, perpetual right and license to use, modify, adapt, copy, display, disclose and create derivative works based upon your User Content (including without limitation any and all intellectual property and proprietary rights in such User Content) for the purpose of providing and supporting the services, functionality and features of the Platform, and administering, improving or enhancing the Platform or the CAM2 Project, and for Purdue’s internal purposes. You acknowledge that Purdue may be working on or developing material similar or the same in nature to your User Content and that Purdue may have received similar or the same intellectual property rights from another party. Purdue owes you no obligation with respect to your User Content unless you and Purdue enter a written agreement to that effect. If your User Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussions or negotiations between you and Purdue regarding your User Content do not constitute Purdue's recognition of the novelty or originality of your User Content.
You agree and understand that the Purdue Parties are not obligated to post or use your User Content submitted through the Platform or otherwise, and may alternatively choose to discard or remove your User Content without any liability whatsoever. You agree that Purdue has no obligation to monitor or enforce your intellectual property rights to your User Content.
(3) User Content Requirements. When you contribute, upload or otherwise provide your User Content to the Platform, you agree to comply with the following requirements:
i. User Content must be your own or in the public domain. All User Content must be created by you and you must have all rights in the User Content; or, all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, must have given you permission to upload and distribute the User Content on the Platform and elsewhere. You may also upload content that is in the public domain. Upon Purdue's request, you will furnish Purdue any documentation, substantiation or releases necessary to verify your compliance with these Terms.
ii. No third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people without their permission – this means you absolutely may not include any content owned or created by someone else unless you have secured the right to do so, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
iii. No illegal or objectionable content. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. Your User Content may not threaten, abuse, or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
iv. No third party personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual, or that is personal in nature.
v. No User Content for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
vi. Do not damage the Platform or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Platform or any computer system.
If you do upload or post User Content that violates these Terms, we reserve the right to take any action that we deem appropriate, which may include, in our sole discretion, reporting you to law enforcement. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
3. PROHIBITED CONDUCT
You agree that you will not, including without limitation by use of any robot, scraper or other data mining technology or process, frame, mask, extract data or other materials from, or copy or distribute, the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use, the Materials in any way, without the prior written permission of a duly authorized Purdue employee. You may not violate any instructions or restrictions communicated to you by Purdue on or through the Platform. You may not use the Platform for commercial purposes.
You agree not to violate or interfere with the security of the Platform, attempt to gain unauthorized access to the Platform or data, materials, information, computer systems or networks connected to any server associated with the Platform, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Platform or Materials. You also agree not to take or attempt any action that, in the sole discretion of Purdue, imposes or may impose an unreasonable or disproportionately large load or burden on the Platform or Purdue’s infrastructure. You agree not to use the Platform to determine the identity of any specific individuals contained in any video or video stream. You further agree not to use the Platform for any unlawful purpose.
4. USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Platform, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
5. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
You may not use the Platform for any purpose or in any manner that infringes the rights of any third party. Purdue encourages you to report any content on the Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Purdue has a designated agent for receiving notices of copyright infringement and Purdue follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Purdue's copyright agent (copyright agent contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on the Platform contains content that violates your rights other than copyrights, please provide Purdue at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Platform, or (b) a complaint regarding alleged violation of rights other than copyrights, to Purdue’ s copyright agent, who can be reached as follows:
Donna L. Ferullo (Interim DMCA Agent)
Director, University Copyright Office
E-Mail: [email protected] (with subject "Purdue Copyright Complaints")
U.S. Mail:
Purdue University Libraries, UCO
504 West State Street
West Lafayette, IN 47907
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Purdue will provide you with notice if your submission has been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
6. REPORTING ILLEGAL OR INAPPROPRIATE CONTENT
If you observe any inappropriate or illegal content (including without limitation such content displayed in video streams or images, including those made available by third parties) on the Platform, you agree to report that content to Purdue using the contact information made available on the Platform. Inappropriate or illegal content includes, but is not limited to, images or video depicting (i) an area where a person is reasonably likely to disrobe (including restrooms, baths, showers, and dressing rooms), (ii) child pornography, (iii) felonious acts or other crimes, and (iv) copyrighted content that the operator of the video stream is not authorized to display. In addition, you may be required to report to relevant police authorities illegal activities you observe on video streams displayed on the Platform. You, and not Purdue, are solely responsible for compliance with any laws that require the reporting of illegal activities to police authorities, even if you report that illegal activity to Purdue.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Purdue University and the CAM2 Project at Purdue University, and their affiliates, including without limitation, their direct and indirect subsidiaries, supporting organizations, their predecessors and successors to any interest, their licensees, distributors and assignees, and the officers, trustees, directors, shareholders, members, agents, representatives, employees, and suppliers of each of them (each, as used throughout these Terms, a "Purdue Party" and, collectively, the "Purdue Parties"), from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys' fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or anticipatory breach of these Terms; (b) your use of the Platform or activities in connection with the Platform (including without limitation, with respect to Third Party Interactions); (c) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the Purdue Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Purdue. You will cooperate as fully required by the Purdue Parties in the defense of any claim. Purdue reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Purdue.
8. DISCLAIMER
THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, VIDEO STREAMS, INFORMATION, LINKS, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, THIRD PARTY INTERACTIONS, MOBILE FEATURES, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE PLATFORM) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PURDUE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE PURDUE PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE PLATFORM WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE PLATFORM (OR THE SERVER(S) THAT MAKES THE PLATFORM AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE PLATFORM, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY PURDUE PARTY, WHETHER MADE ON THE PLATFORM OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE PURDUE PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES, OR USE OF THE PLATFORM, ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE PURDUE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM.
THE PURDUE PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE PLATFORM).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, USER CONTENT, INFORMATION OR STATEMENT AVAILABLE ON THE PLATFORM. A POSSIBILITY EXISTS THAT THE PLATFORM COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE PLATFORM BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE PLATFORM, THE PURDUE PARTIES MAKE NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE PLATFORM.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE PURDUE PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE PLATFORM (INCLUDING THE PLATFORM AND ALL MATERIALS, VIDEO STREAMS, INFORMATION, LINKS, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, THIRD PARTY INTERACTIONS, MOBILE FEATURES, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE PLATFORM); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF, THE PLATFORM; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PURDUE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE PLATFORM; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PURDUE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE PLATFORM). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE PURDUE PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE PLATFORM. IN NO EVENT WILL THE PURDUE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE PLATFORM IS TO STOP USING THE PLATFORM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE PURDUE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE DOLLAR ($1) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM.
PURDUE SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT PURDUE IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF PURDUE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ANY PURDUE PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE PLATFORM OR ANY OF PURDUE PARTIES’ WEB SITES, PROPERTY, PRODUCT, SERVICE, CONCERT, MUSIC, VIDEO, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PURDUE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE PLATFORM OR ANY OTHER PURDUE PARTIES’ WEB SITE, PROPERTY, PRODUCT, SERVICE, CONCERT, MUSIC, VIDEO, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PURDUE PARTIES.
BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
10. GOVERNING LAW; DISPUTES; ARBITRATION
Governing Law . The validity and interpretation of these Terms, the rights and obligations hereunder, and all causes of action (whether sounding in contract, tort, or otherwise) arising out of or related to these Terms, the termination of these Terms, or the use of the Platform, are to be governed by, and construed in accordance with, the substantive laws (as distinguished from the choice of law rules) of the State of Indiana and the United States of America applicable to contracts made and performed entirely in Indiana.
Waivers . Both you and Purdue hereby expressly waive trial by jury. Both you and Purdue waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Purdue waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
Arbitration of Disputes . Unless you opt-out specifically as set forth in this Section, you agree that all disputes between you and Purdue (whether or not such dispute involves a third party) with regard to these Terms or your use of the Platform will be resolved by binding, individual arbitration, except for disputes relating to the infringement of your or Purdue’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Purdue is seeking a preliminary injunction (“Excluded Disputes”). You agree that arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures then in effect. Notwithstanding any provision of the JAMS Comprehensive Arbitration Rules and Procedures then in effect, the arbitrators shall not have the authority or jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Indiana law. The arbitration will be conducted in Chicago, Illinois, in the English language by three arbitrators appointed in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
Opt-Out of Arbitration . If you do not wish to have any dispute between you and Purdue arbitrated, you must notify Purdue in writing within thirty (30) days of the date that you first became subject to this arbitration clause. You may provide such notice by postal mail at the following address: Purdue - CAM2 Arbitration Opt Out, Purdue University Office of Legal Counsel, Hovde Hall Room 217, 610 Purdue Mall, West Lafayette, IN 47907. Your opt-out notification to Purdue must include (1) your name, (2) your postal address, (3) your e-mail address and user ID (if applicable), and (4) a clear statement that you do not wish to resolve disputes with Purdue through arbitration. Please note that opting out of arbitration will not affect any other agreements or waivers made in this Section 10.
Venue . If you have not validly opted out of arbitration, you agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Tippecanoe County, Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If you have validly opted out of arbitration, you agree that any action at law or in equity will be filed only in the state or federal courts located in Tippecanoe County, Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11. MEMBERSHIP & REGISTRATION
Use of the Platform, or certain areas of the Platform, may require registration or may otherwise ask or require you to provide information to use certain services or features. When you choose to provide information to the Platform, you agree to provide only true, accurate, current and complete information. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights.
Purdue reserves the right to review your registration before permitting access, to deny access to the Platform, and to terminate your access to the Platform, for any reason or no reason, in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Platform. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data.
12. SOCIAL DISTRIBUTION
Purdue grants you the limited, revocable permission, subject to the restrictions in these Terms, to engage in the following personal uses of Materials that include the ability to share Materials with others ("Social Distribution"): (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal website; or (c) posting and displaying a copy of the Materials on a third party website that permits users to post content, so long as the posting is allowed pursuant to the third party website’s terms and conditions and policies, and provided that the third party website does not charge for access to those materials or associate those materials with products, services or advertising. If you engage in Social Distribution, you agree that you will not post any performance claims about a Purdue product or service through your Social Distribution and that only Purdue may make claims, promises or statements on behalf of Purdue about its products and services. You also agree that you will not imply that you and Purdue are affiliated in any way or that Purdue approves of your Social Distribution. Except as otherwise permitted by these Terms, or expressly in writing by Purdue, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials. Purdue may, and reserves the right to, revoke Purdue’s permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Materials.
13. MOBILE FEATURES
The Platform may offer features that are available to you via your mobile phone or other mobile device. These features may include, without limitation, the ability to view Materials, upload content to the Platform, receive messages from Purdue, download applications to your mobile device or access features of the Platform (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions may require you to text a keyword (e.g., "STOP") to the applicable short code for the Mobile Feature. If you sign up to receive text messages from us, you agree that Purdue may send text messages using an autodialer to the number you provide. You acknowledge and agree that you are not required to receive our text messages, and that you are not required to agree to receive text messages as a condition of purchasing any property, goods, or services.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Purdue or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Purdue promptly of any changes to your mobile number.
14. JURISDICTIONAL ISSUES
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Purdue to any registration requirement within such jurisdiction or country. Purdue controls the Platform from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Platform are appropriate for use or access in other locations. Anyone using or accessing the Platform from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Platform may be subject to United States export controls. Thus, no software from the Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States government has embargoed goods or designated as a “terrorist supporting country”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or any other U.S. Government list of prohibited or restricted parties. By downloading any software related to the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
15. LINKS TO THIRD PARTY CONTENT & THIRD PARTY INTERACTIONS
The Platform may provide links to certain web sites, video streams, services and features that are provided by third parties. Functionality on the Platform may also permit interactions between the Platform and a third party web site, video stream, or online feature, including functionality that allows you to connect the Platform or your profile on the Platform with a third party site. For example, the Platform may include features enabling you to indicate on a third party web site or service that you “like” certain Platform content, to share Platform content on a third party web site or service, to log-in to the Platform using your username and password for a third party web site or service, to transmit content to the Platform from your account on a third party web site or service, and to otherwise connect the Platform to a third party web site or service. Using this functionality may require you to login to your account on the third party site, and you do so at your own risk.
We do not control any of these third party web sites, video streams, or services, or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these third party web sites, video streams, or services, and that your use of such sites, streams, or services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Platform or your profile on the Platform with a third party web site or service (“Third Party Interactions”) and such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your profile or account on the Platform or another third party web site or service. By engaging in such Third Party Interactions, you acknowledge and agree to the following: (i) if you use Third Party Interactions to share information relating to your accounts on the Platform, you are consenting to the information about your account being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if Purdue has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold Purdue harmless for the sharing of information relating to your accounts on the Platform that results from your use of Third Party Interactions. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on or in connection with Third Party Interactions.
Descriptions of, references to, or links to products, services or publications within the Platform do not imply endorsement of that product, service or publication.
16. LINKING POLICY
Purdue grants you the revocable permission to link to the Platform; provided, however, that any link to the Platform: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with Purdue or its products or services, any Purdue property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Purdue; (c) must not frame or create a browser or border environment around any of the content on the Platform or otherwise mirror any part of the Platform; (d) must not use any Purdue trademarks without the prior written permission from Purdue; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Purdue's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Platform from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Purdue's sole discretion). By linking to the Platform, you agree that you do and will continue to comply with the above linking requirements.
17. TERMINATION
Purdue reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Platform (or any portion of the Platform), and to block or prevent future access to and use of the Platform for any reason, including, without limitation, your breach of these Terms or other conduct by you that Purdue considers inappropriate. Purdue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform with or without notice. You agree that no Purdue Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Platform. You acknowledge and agree that termination, suspension, or cancellation of these Terms or your access to the Platform will not affect any right or relief to which Purdue may be entitled, at law or in equity, nor shall they affect any obligation you have to Purdue, including but not limited to the payment of fees.
Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Purdue and its licensors. Upon termination of your access to the Platform, or upon demand by Purdue, you must destroy all Materials and all related documentation including immediately discontinuing the use of any links to the Platform. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that Purdue will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
18. PRIVACY POLICY
Your use of the Platform and communications with Purdue are governed by and subject to the CAM2 Privacy Policy [LINK]. You agree that you have read our Privacy Policy, and agree that it is acceptable to you. By agreeing to these Terms and/or using the Platform, you agree that you consent to the information handling practices and other provisions in our Privacy Policy.
19. ENTIRE AGREEMENT
You acknowledge and agree that these Terms and any applicable Additional Terms constitute the complete and exclusive agreement between you and Purdue concerning your access to and use of the Platform, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Platform. Neither party has relied on any statement or representation not set forth in these Terms and any applicable Additional Terms. You represent, warrant, and covenant that your access to and use of the Platform will comply with these Terms of Use.
20. MISCELLANEOUS
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be modified to the least extent necessary to make it enforceable and shall not affect the validity and enforceability of any remaining provisions. These Terms and any rights herein, if any, are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized Purdue employee. Purdue may assign these Terms and any rights contained herein without your prior notice or consent. 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. Any heading, caption or paragraph title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Purdue. You agree that these Terms will not be construed against Purdue by virtue of having drafted these Terms.
21. CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms without prior notice ( " Updated Terms "). You agree that we may notify you of the Updated Terms by posting them on the Platform so that they are accessible via a link from the home page. Therefore, whenever you want to use the Platform you should review these Terms before using the Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Platform from that point forward.
22. CONTACTING US
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please email us at [email protected].