Legal Notice & Terms of Use Agreement
Updated June 1, 2007
Your participation in the LGBTQ-Friendly Campus Pride Index, owned and operated by Campus Pride, constitutes your acceptance of the legal notice and terms of use, as well as the terms and conditions contained in the Privacy Policy and the User Agreement.
Acceptance of Terms
This Legal Notice & Terms of Use Agreement (the "Agreement") applies to your college/university participation in the LGBTQ-Friendly Campus Pride Index offered by Campus Pride. In addition, when using this Web site, the college/university will be subject to any guidelines or rules that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference with this Agreement. BY CHECKING THE APPROPRIATE BOX, YOU ARE REPRESENTING COLLEG/UNIVERSITY IN A PROFESSIONAL CAPACITY IN AGREEMENT TO THESE TERMS. IN ADDITION, ON BEHALF OF COLLEGE/UNIVERSTY, YOU ARE STATING THAT COLLEGE/UNIVERSITY IS FULLY AWARE OF THIS AGREEMENT AND YOU HAVE READ, UNDERSTAND AND AGREE THAT COLLEGE/UNIVERSITY WILL BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF COLLEGE/UNIVERSITY DISAGREES WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE THIS SITE AND/OR SERVICE. You agree that the Campus Pride may change the terms and conditions of this Agreement at any time by posting such changes and that your continued use of the site after any such posting will constitute your acknowledgment and acceptance of the revised terms and conditions.
Ownership
All materials on this Web site and all materials contained herein are the property of Campus Pride, Inc. (Campus Pride). This agreement gives the college/university no ownership rights to any materials on this site. The only exceptions are copyrighted images and other materials owned by others (such as college/university trademarks, copyrighted images, name, etc.), which are associated with the specific entity. The college/university grants Campus Pride the permission for usage in relation to Campus Pride and, or the LGBTQ-Friendly Campus Pride Index.
Copyright Laws
The LGBTQ-Friendly Campus Pride Index, LGBTQ-Friendly Campus Pride Index National Assessment Tool and its questions are copyrighted material. By penalty of law, the tool and subsequent questions are not for distribution, reprint or duplication. This site and all materials on it are protected under United States copyright laws, which give creators of original works of authorship the exclusive right to use their works. With certain exceptions, copyrighted materials may not be used or copied without the express written consent of the copyright holder (Campus Pride). This agreement describes the uses which you are permitted to make of the materials on this site.
Content Rules & Requirements
A designated official must be indentied as the central administrator of this account with contact information for any and all referral purposes. This official should serve in an ongoing professional capacity of said college/university. All college/university content provided through the LGBTQ-Friendly Campus Pride Index must be truthful and as accurate as possible, current and up-to-date and original in nature. No commercially published content should be copied or duplicated from another product or service. The only exception is a commercial product and, or service owned by college/university which is directly lifted from that source for usage. As such, the college/university grants Campus Pride the permission for usage in relation to Campus Pride and, or the LGBTQ-Friendly Campus Pride Index.
License/Content Usage
You are licensed by Campus Pride to use materials on this site for non-commercial, not-for-profit, educational purposes only. You may download and/or copy these materials for personal or professional use, provided the copies are used in their entirety, retain all applicable copyright and trademark notices. This license is not exclusive, and college/university may not transfer it. Items on this site, if reproduced in compliance with this Agreement, must be credited to Campus Pride with attribution to the LGBTQ-Friendly Campus Pride Index and listing the url http://www.campusprideindex.org .
Confidentiality & Opt Out Clause
Any college/university participating in the LGBTQ-Friendly Campus Pride Index receives a private report that is for benchmarking, evaluation and review purposes of the college/university only. The private report, its entire contents and percentage scores will not be available to the public as written (unless college/university chooses to do so by other means). Information from the LGBTQ-Friendly Campus Pride Index may be made available through the site, publications, and, or other venues associated with Campus Pride. At any time a college/university may choose to opt out of sharing information with the public through the LGBTQ-Friendly Campus Pride Index. A college/university which chooses to opt out will not be identified with data/usage or as a part of the LGBTQ-Friendly Campus Pride Index. Failure to opt out before the publishing of printed material does not apply to this clause. Whether a campus chooses to opt in or opt out, any aggregate information and data acquired through the LGBTQ-Friendly Campus Pride Index shall be used by Campus Pride for educational purposes on this site as well as subsequent publications, associated sites and, or other venues. Such usage must comply to terms outlined and support the goals of the LGBTQ-Friendly Campus Pride Index.
Prohibited Uses
Any commercial, for profit use of the materials on this site is strictly prohibited. You may not sell, assign, sublicense or otherwise transfer these materials, copy them for other than approved uses (see "License to Use" above), publish them on other Web sites, in other media, or for personal gain, or remove any copyright or trademark notice, without Campus Pride's express written permission.
Usage of Images/Photos
Campus Pride is not responsible for image/photo permissions used by college/university. By uploading an image/photo, the college/university takes full legal responsibility and has secured necessary permissions for usage and subsequently grants Campus Pride all rights thereof for this site and other similar purposes. Campus Pride reserves the right to review all images/photos and to remove any image/photo for any reason.
Links to Other Sites
This site contains links to other sites. These links do not mean that Campus Pride necessarily endorses these sites, nor is Campus Pride responsible for their contents or use.
Submissions
Any questions, comments, suggestions, ideas, feedback, inventions or other materials which you submit to this site are non-confidential and shall become the property of Campus Pride. Campus Pride may disclose or use any such submissions for any purpose without your consent or compensation therefore.
Trademarks
Campus Pride, Inc., Campus Pride, and the Campus Pride logo as well as the term LGBTQ-Friendly Campus Pride Index, Campus Pride Index, Gay Point Average are trademarks of the Campus Pride, Inc., and may not be used for any purpose without the express written consent of Campus Pride. In addition, any graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Campus Pride. Campus Pride trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Campus Pride.
Privacy
Any questions regarding the terms of this We care about the privacy of our Users. Click here to view the Web site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
No Warranty
All materials on this site are made available to you as-is. Campus Pride makes no warranty, express or implied, as to these materials, their title, accuracy, non-infringement of third party rights, merchantability, or fitness for any particular purpose, or the performance or results you may obtain from their use.
Limitation of Liability
Under no circumstances shall Campus Pride be liable for any direct, incidental, special, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials in this site. If you are dissatisfied with any materials on this site or these terms and conditions, your sole and exclusive remedy is to discontinue using or visiting this site.
Disclaimers
Campus Pride is not responsible or liable in any manner for any Third Party Content posted on the Site. The site may be temporarily unavailable from time to time for maintenance or other reasons. Campus Pride assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Campus Pride is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating in connection with the Web and/or in connection with the site. Under no circumstances will Campus Pride be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the site, any User Content or Third Party Content posted on or through the site, or any interactions between Users of the Site, whether online or offline. THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND CAMPUS PRIDE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. CAMPUS PRIDE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. CAMPUS PRIDE DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. Campus Pride reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Campus Pride.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CAMPUS PRIDE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF CAMPUS PRIDE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAMPUS PRIDE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAMPUS PRIDE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE CAMPUS PRIDE'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CAMPUS PRIDE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CAMPUS PRIDE, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
By visiting or using the Web site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Campus Pride or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of North Carolina, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum nonconveniences with respect to, venue and jurisdiction in the state and federal courts of North Carolina.
Questions and Requests for Permission to Use
You agree to indemnify and hold Campus Pride, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with site content, any Third Party Content posted or shared on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Other
This Agreement constitute the entire agreement between you and Campus Pride regarding the use of the Web site, superseding any prior agreements between you and Campus Pride relating to your use of the Site or the Service. The failure of Campus Pride to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Any questions regarding the terms of this agreement or requests for permission to use materials on this site for any commercial or personal purpose should be directed to info@campuspride.org .
CHECK THE APPROPRIATE BOX, IF YOU HAVE READ THIS AGREEMENT AND YOUR COLLEGE/UNIVERSITY AGREES TO ALL OF THE PROVISIONS CONTAINED ABOVE.