NCWIT.ORG WEBSITE TERMS OF USE
Last Update: 4/1/2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material modifications, amendments, and changes to these terms. If at any time you choose not to accept these terms and conditions of use, please do not use this website.
I. SCOPE OF TERMS AND CONDITIONS
This website, www.ncwit.org, ("Site") and any and all websites that we may own and operate in the future are owned by National Center for Women & Information Technology ("NCWIT," "we" or "our") and are governed by the terms and conditions ("Terms and Conditions") herein. The Terms and Conditions do not apply to the use of unaffiliated websites to which the Site only links.
II. INTELLECTUAL PROPERTY OWNERSHIP
Except as expressly provided in these Terms and Conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. All intellectual property rights in the contents of the Site, including but not limited to publications, assessment resources, digital libraries, graphics, blogs, and all other property on the Site (collectively, the "Content"), are owned by NCWIT or its licensors. Our rights to the Content are protected by national and international copyright, trademark, and other intellectual property laws and treaties. The extent of your license to use the Content on the Site is limited to your own personal use. Your commercial use of the Content is strictly prohibited. We reserve the right to revoke your license and terminate your access rights to the Site with or without notice to you at any time for any reason, including but not limited to your express violation of the limited license provided to you.
III. LICENSE OF YOUR CONTENT TO NCWIT
By posting, publishing, uploading, or distributing any messages, data, information, text graphics, links, content, or other materials (collectively, the "Postings") for use on this Site, you grant (or warrant that the owner of such rights has expressly granted) NCWIT and its affiliates an irrevocable, royalty-free, non-exclusive license to use, reproduce, publish, and publicly display the Postings in any form, medium, or technology now known or later developed. You agree that you shall have no recourse against NCWIT for any alleged or actual infringement or misappropriation of any proprietary right in the Postings you provide to NCWIT. You also warrant that any "moral rights" in posted materials have been waived, and that you are not entitled to any compensation for such use.
IV. LINKING TO OUR SITE
If you link to the Site you agree not to: (1) remove or obscure, by framing or otherwise, any portion of the homepage, including but not limited to the Terms and Conditions and the Privacy Policy; (2) imply that the Site or NCWIT is endorsing you or your products and services; (3) imply an affiliation between you and the Site or NCWIT without our prior written consent; (4) present false or misleading impressions about our products and services; or (5) link to materials that may be interpreted as distasteful or offensive.
In establishing links, you must not represent in any way, expressly or implicitly, that you have received the endorsement, sponsorship or support of the Site. You agree to remove any links you have to the Site upon our request.
V. USER POSTINGS
In the member-only portion of our Site, we offer a unique opportunity for you to post and share documents on the Site through the Document Center, NCWIT Meetings and NCWIT Toolkit portions of the Site. If you have not subscribed to the member-only portion of the Site, this section of these terms do not apply to your use of the Site.
NCWIT members may download documents posted by other members or post documents that they create. By posting a document on the Site, you: (1) acknowledge the document is available to all NCWIT members; (2) acknowledge that, after posting a document, you have no control over who downloads the document or how others will use the document; and (3) expressly agree to such third party use of your document.
Please note that the creator of the document retains complete ownership of the intellectual property rights (including copyright) in the document. By downloading a document from the Site, you agree not to infringe or misappropriate the intellectual property rights of the document owner. You may only use the document for non-commercial uses, and can not distribute the document without the consent of the owner. At no time are you permitted to remove any copyright or proprietary notices on the pages of a document.
NCWIT assumes no responsibility for the accuracy of the documents or for any violation of the intellectual property rights of the owner of the documents. NCWIT expressly disclaims any and all liability related to the uploading and downloading of documents on the Site.
VI. PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy.
VII. INTERACTIVE FORUMS
In the member-only portion of our Site, we offer a unique opportunity for you to participate in interactive forums. If you have not subscribed to the member only portion of the Site, this section of the agreement does not apply to your use of the Site.
An "interactive forum" means any blogs, message boards, chat rooms, or similar interactive services appearing on the Site. You must comply with the instructions provided on the Site in order to contribute to any interactive forum.
You may not: (1) post, publish, upload or distribute any Postings that are defamatory, obscene, abusive, threatening, invade a person's privacy, violate any intellectual property rights, or that would otherwise violate any law on any interactive forum; (2) use interactive forums in a commercial manner; (3) post material that solicits funds, or that advertises or solicits goods or services; (4) post material known to be false; (4) post or transmit any information, software or other material that contains a virus or other harmful component.
The content of any Postings in any interactive forum is solely the opinion of the individual providing such content. We in no way endorse or support the opinions of others, or accept liability for those opinions. The statements made on the Site are not through the interactive forums (unless the statements are actually made by NCWIT).
We are not responsible for material appearing in any interactive forum on the Site, except for material signed by an identified representative of NCWIT. We are not responsible for screening Postings for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain the right, at any time and for any reason or no reason at all, to modify or remove Postings that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit Postings for any other reason. Whether or not we modify or remove such Postings, users remain solely responsible for the content of their Postings.
NCWIT does not represent or warrant that this Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. NCWIT does not warrant or represent that the Content or Postings available on or through this Site will be correct, accurate, timely, or otherwise reliable. NCWIT may make improvements and /or changes to its features, functionality, Content or Postings at any time.
VIII. PASSWORDS
You are responsible for maintaining the confidentiality of your UserID and password, if any. You agree to notify us as soon as you discover any unauthorized use of your password.
IX. COPYRIGHT CLAIMS
If you believe NCWIT infringed your copyright in any material way, please contact us at:
Copyright Agent for Notice
National Center for Women & Information Technology (NCWIT)
University of Colorado
Campus Box 322
Boulder, CO 80309-0322
X. DISCLAIMERS
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF; OR (D) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
NEITHER NCWIT NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF USE OF THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE DO NOT WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO THE BOOKSTORE).
XI. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
XII. INDEMNITY
You agree to defend, indemnify and hold NCWIT, its representatives, officers, directors, and employees harmless from and against all liabilities, claims, costs, and expenses, including attorneys fees that arise with your use of the Site, your violation of the Terms and Conditions, your Postings, your downloading or transmission of all communications or material on this Site or your violation of applicable law.
XIII. CHILDREN
This Site is not intended for use by persons under the age of 13. If you are under 13, do not use this Site. If parents believe their minor children have accessed this Site and provided their personally identifiable information, please contact us at National Center for Women & Information Technology (NCWIT), University of Colorado, Campus Box 322, Boulder, CO 80309-0322.
XIV. UNLAWFUL ACTIVITY
NCWIT reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary to appropriate persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
XV. Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of Colorado, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these Terms and Conditions will be filed only in Colorado courts. You consent to the jurisdiction of Colorado courts.
XVI. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms and Conditions, you acknowledge and agree that NCWIT will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to enjoin your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
XVII. SEVERABILITY OF PROVISIONS
If any provision(s) of the Terms and Conditions is/are found unlawful, void, or for any reason unenforceable, then that provision(s) will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining Terms and Conditions provisions.
XVIII. MODIFICATIONS TO TERMS AND CONDITIONS
This is the entire agreement between you and NCWIT relating to the subject matter it contains. This agreement may only be modified by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Updated versions of the Terms and Conditions will appear on the Site and are effective immediately.
XIX. CONTACT US
Any questions or concerns regarding these Terms and Conditions should be directed to info@ncwit.org.
Legal Notices
Copyright © 2008, National Center for Women & Information Technology. All rights reserved. Some portions of this Site are used under license. All brands and product names are trademarks or registered trademarks of their respective owners.
