Effective August 21, 2019
Updates to Terms
We reserve the right to modify, update or amend the Terms at any time. Any modifications will become effective immediately upon posting to the site. Your continued use of the site constitutes your acceptance of the Terms, as modified. When we make changes, we will post the revised Terms with the new effective date on the site. For these reasons, we encourage you to review the Terms whenever you use the site. If you do not agree to these Terms, please do not use the site.
Chat Rooms, Forums and Blogs
We cannot and do not review every posting made in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or a member of our staff. There is no substitute for healthy skepticism and your own good judgement. Responsibility for what is posted on our chat rooms, forums, blogs and other public posting areas on the site lies with each user—you alone are responsible for material you post. We do not control the messages, information or other content that you or others may provide through the site. You may use the site for lawful purposes only.
By using the site, you agree not to submit, post or transmit through the site any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the site, or any account, computer system or network connected to the site, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the site;
- Impersonates any person, business or entity, including our organizations and their employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including our organizations;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account credentials, any features of the site that may require registration;
- Results in a single message being posted to more than five areas of the site or results in any message being posted to any area of the site if that message is, in our view, off-topic or in violation of the Terms; or
- Violates the Terms or any policy posted on the site, or interferes with the use of the site by others.
Although we cannot monitor all content on the site, you understand that we shall have the right, but not the obligation, to monitor the content of the site to determine compliance with the Terms and any other operating rules that may be established by us from time to time. We shall have the right, in our sole discretion, to edit, move, delete or refuse to post any material submitted to or posted on the site for any reason, including violation of the Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct on the site or any communication or posting on the site. We also reserve the right to disclose any information the we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
We require you not to use the site to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material to the site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material you submit to us or post have been waived. Submitting or posting materials that is the property of another, without the consent of its owner, is not only a violation of the Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
Use of Materials
All materials submitted to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of our organizations and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on the site, you are granting to us, and to anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform such materials posted on the site, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate.
The materials available through the site are the property of our organizations or our licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the site. However, you may not distribute copies of materials found on the site in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on the site and to tell them how to find it.
We welcome links to the site. You are usually free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship or endorsement of your site by our organizations.
Without our prior written permission, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the site, or incorporate any intellectual property of the site, our organizations, or any of our licensors into another website or other service.
We do not want anyone to be confused as to which materials and services are provided by our organizations and which are not. Therefore, you may not use any trademark or service mark appearing on the site without the prior written consent of the owner of the mark.
Limitation of Liability
IN NO EVENT SHALL AIR, EDUCAUSE, OR NACUBO, OUR AFFILIATES OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF NACUBO OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, NACUBO’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS OR SERVICES FROM THE SITES.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITES (WHETHER ONLINE OR OFFLINE), NOR IS NACUBO RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY OR HARM ASSOCIATED THEREWITH.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
In the event that any portion of the Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of the Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
If you have any questions or concerns regarding the site or the Terms, please contact us by email at firstname.lastname@example.org.