Terms & Conditions of Use
Please read this document carefully before you use our site. By using our Web site, you agree to be bound by the terms and conditions set forth below. If you do not agree to be bound by these terms and condiitions, please do not use our site.
- Your Agreement. These Terms govern your use of the Web site. Please read these Terms carefully as they impose legal obligations on you and us. By using the Web site you consent to these Terms. In addition, for certain activities on the Site, we may further confirm your consent to these Terms by asking you to click an "I accept" button, referring to these Terms.
- Obtaining a Password; Use of Your Password. We may make certain areas of our Site accessible only to users that have a user ID and password. If we do so, and if you obtain a user ID and password, please keep in mind that we will treat anyone who uses your user ID and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your user ID and password. We therefore recommend that you maintain your user ID and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Web site. We also recommend that you notify us immediately if you suspect that someone is using your user ID and password in this manner.
- Grant of Rights to You. Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available portions of our Web site, Web site content and Web site services and, if expressly authorized, password-protected areas of our Web site, Web site content and Web site services in order to: (i) learn more about Smith and the services that we offer; (ii) contribute information to our Web site through blogs and other available means; (iii) register to become a member of our Site; (iv) download and print pages and forms from our Web site onto one (1) computer hard drive; and (v) access other information that we make available through our Web site (collectively, the "Permitted Purposes"). You acknowledge and agree that the Web site, Web site content and Web site services are made available solely for your personal, non-commercial use, and that the Permitted Purposes allow only personal, non-commercial use. Any other use of the Web site, Web site content and Web site services is strictly prohibited.
- Smith Ownership; Reservation of Rights. All information, software, artwork, text, video, audio, pictures, logos, and other content on the Web site or embodied in our information and services, including all associated intellectual property rights (collectively, the "Web site content"), is the property of Smith and its licensors, or is used under principles of fair use. Smith retains all rights with respect to the Web site, Web site content and Web site services except those expressly granted to you in Section 4 (Grant of Rights to You). The term "Web site content" expressly excludes Submitted Content.
- 6.1 Grant of Rights in Submitted Content. By providing Submitted Content, you authorize us to copy, modify, display, distribute, perform, use and otherwise exploit the Submitted Content in any manner, without compensation to you, and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to grant any third party some or all of the Use Rights. By way of example, and not limitation, the Use Rights include the right for us to publish Submitted Content on our Web site in whole or in part, and whether cropped, adopted, altered or otherwise manipulated for as long as we choose.
- 6.2 Requisite Permissions for Providing Submitted Content. By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right to the Submitted Content in order to provide the Use Rights. For example, by posting material on a blog page that includes a photograph, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us the Use Rights in the photograph.
- 6.3 Submitted Content that Contains Personal Information. If you provide Submitted Content to the Web site, by way of electronic mail or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us for posting on the Web site or in one of our Web site services, or post directly on our Site, may, once posted, be publicly available to anyone accessing our Web site or Web site services. Although we may review Submitted Content prior to using it, we make no representations or warranties regarding any Submitted Content or our review of said Submitted Content. In addition, any Personal Information that is included in Submitted Content will be treated as public Submitted Content and is expressly excluded from the definition of "Personal Information." For example, you may include your name, mailing address, and e-mail address on a blog page. This information will be publicly available, and will no longer qualify as Personal Information. As such, please use discretion when including Personal Information and other details in Submitted Content you provide to us.
- 6.5 Requisite Permission for Names and Email Addresses. In providing us with a third party's name and e-mail address when using the "send an ePostcard" option available on our Web site, you represent and warrant that you have first obtained permission from the third party to do so.
- Code of Conduct; Revocation or Suspension of Use Privileges. By using our Web site, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you shall not:
- 7.1 Use the Web site in a manner that could disable, overburden, or impair the Site or interfere with any other parties' use and enjoyment of the Site.
- 7.2 Seek to obtain access to material or information that we have not intentionally made available to you on the Web site through "hacking," "scraping," or other means.
- 7.3 Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- 7.4 Transmit material through the Site that you know or should know contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
- Disclaimer of Endorsements; Information Accuracy. The information made available through the Web site (including, but not limited to Submitted Content provided by other users), Web site services and Web site content is made without any endorsement of any kind by Smith. In addition, while we may review information (including, but not limited to, Submitted Content) before it is posted on our Web site, we do not undertake to validate the accuracy and timeliness of this information. If you have questions concerning the accuracy, timeliness, or completeness of the information on our Web site, Web site content and Web site services, we encourage you to contact the source of that information directly.
- Warranty Disclaimer. We do not promise that the Web site, Web site services or Web site content will be error-free, uninterrupted, or without inaccuracies. The Web site, Web site services and Web site content, are all provided on an "as is" and "as available" basis. We do not represent or warrant that the Web site, Web site services, Web site content, or files you download from the Site will be free of viruses, inaccuracies, or other harmful features. To the extent permitted by applicable law, Smith disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly agree that use of the Web site, Web site content, Web site services is at your sole risk.
- Limitation of Liability. Under no circumstances including, but not limited to breach of contract, tort, or negligence, will Smith be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including lost profits) that arise out of, or are related to, your use of the Web site, Web site content or Web site services. In no event shall Smith's aggregate liability to you for any loss, damage, or claim related to or arising out of the Web site, Web site content or Web site services received from Smith exceed U.S. $250.
- Indemnity. You agree to defend, indemnify, and hold Smith and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.
- Contact for Alleged Copyright Infringement. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA") to respond to such concerns, as follows:
Information Security Director
Northampton, MA 01063
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
- Additional Terms for Certain Services. We may offer certain services on our Web site that are subject to additional or different terms and conditions. We will notify you if the service you are using on the Web site is subject to terms and conditions that differ from these Terms, and you may decline to participate in such services if you do not agree with the differing terms and conditions.
- Modifications to These Terms. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Web site. You may print out a copy of these Terms for your records.
- Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
- 18.3 "User," "you" and "your" refer to: (i) visitors to our Site who wish to learn more Smith; (ii) members of the Smith community including, but not limited to, Smith students, faculty and alumnae; and (iii) anyone signing up to become a member of our Site.
- 18.4 "We," "us," "our" and "Smith" refer to Smith College.
- 18.5 "Web Site Content" has the meaning set out in Section 5 (Smith Ownership; Reservation of Rights).
- General. These Terms shall be governed in all respects by the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Hampshire County, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and the terms and conditions contained herein set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
- Claims Against Other Users. You agree that in the event that you have any right, claim or action against visitors or other users of our Web site arising out of that person's use of the Web site, then you will pursue such right, claim or action independently of and without recourse to us.
- Translations. These Terms may be translated into languages other than English (collectively, "Translations"). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
- Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:
- Section 5 (Smith Ownership; Reservation of Rights)
- Section 6 (Submitted Content)
- Section 9 (Disclaimer of Endorsements: Information Accuracy)
- Section 10 (Warranty Disclaimer)
- Section 11 (Limitation of Liability)
- Section 12 (Indemnity)
- Section 19 (General)
- Section 22 (Survival)
- Contact Us. We welcome your feedback or suggestions. Please contact us at: firstname.lastname@example.org.
Please refer to Section 13 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
Effective Date: July 26, 2011.