License Agreement

Legal Notice

Please read this license agreement carefully before proceeding as this policy governs the terms of your acceptance and use of the West Virginia University Alumni Band Website.

By using the West Virginia University (“WVU”) Alumni Band Website or transmitting any content, you agree to abide by the terms and conditions set forth herein this license agreement.

Additionally, the WVU Alumni Band Website may contain other terms and conditions that govern particular features, offers or products. In the event that terms and conditions set forth in this policy conflict with any other terms and conditions contained on any other WVU Alumni Band Website, the terms and conditions set forth shall herein this policy shall serve as precedent. In the event that the terms and conditions contained on any WVU Alumni Band Website conflict with those set forth by WVU, University policy shall prevail.

If you do not agree to abide by these terms and conditions, do not access or use the WVU Alumni Band Website.

Definitions and Scope

The WVU Alumni Band Website is defined as publicly accessible pages hosted under the domain “alumniband.wvu.edu and wvualumniband.org,” any Web address including “wvu.edu” or any Website that is maintained by WVU Alumni Band officers or volunteers, acting within their respective scopes of volunteer employment.

Limited License

Subject to the terms and conditions hereof, the WVU Alumni Band hereby grants you a non-exclusive, non-transferable, revocable, and limited right license to download, use and display the WVU Alumni Band Website and the content contained thereon. Any content, information, knowledge, or intellectual property provided by the WVU Alumni Band Website is protected by the Copyright Policy governing the WVU Alumni Band Website.

By agreeing to access and use the WVUAlumni Band Website:

1. You will not use the WVU Alumni Band Website for any purpose that is unlawful or prohibited by these terms and conditions;
2. Not to use the WVU Alumni Band Website in any manner which could damage, disable, overburden, interrupt, or otherwise impair the operation or performance of the WVU Alumni Band or WVU network in any way; and
3. Not to use the WVU Alumni Band Website in any manner that could interfere with any other party’s use and enjoyment of content contained thereon.

You may not attempt to gain unauthorized access to the WVU Alumni Band Website, other accounts, computer systems or networks, through hacking, password mining, or other means. You may not obtain or attempt to obtain any content through any means not intentionally made available through the WVU Alumni Band Website. Content includes without limitation, all:

• Data;
• Information;
• Text;
• Publications;
• Titles;
• Artwork;
• Graphics;
• Logos;
• Designs
• Photographs;
• Video;
• Sound recordings; and
• Software files.

You are authorized to access and download content from the WVU Alumni Band Website for your private, personal use. This authorization is not a transfer of title of the data or information or copies of content and is subject to the following restrictions:

1. You must retain, on all copies of the content downloaded, all copyright and other proprietary notices contained therein;
2. You may not modify the data or information in any way or reproduce or publicly display, perform, or distribute or otherwise use the content for any commercial or promotional purpose without prior written consent of the WVU Alumni Band; and
3. You may not transfer the data or information to any other persons or parties unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

You may not upload any files that contain or otherwise introduce any viruses, Trojan horses, worms, time bombs, corrupted files, or any other software or programs that may damage the operations and performance of the WVU Alumni Band Website, network or computers.

You agree to abide by all additional restrictions displayed on the WVU Alumni Band Website as terms and conditions may be updated without notice. The WVU Alumni Band Website and the content contained thereon, is copyrighted and protected by worldwide copyright laws and treaty provisions, with which you agree to comply. You will not permit any unauthorized copying or publication of content. Except as expressly provided herein, you are not granted any express or implied right under any patents, trademarks, copyrights or trade secret information.

Please refer to the WVU Alumni Band Copyright Policy for additional information.

Hyperlinks

The WVU Alumni Band Website may include hypertext links to information created and maintained by third parties. These links are provided solely for your information and convenience. When you select a link to an external Website and leave the WVU domain, you become subject to the policies guiding the third party Website.

1. The WVU Alumni Band does not control or guarantee the accuracy, relevance, timeliness, or completeness of information contained in a linked third party Website.
2. The WVU Alumni Band does not endorse third parties sponsoring linked third party Websites nor the content or views expressed or the products and services they may offer.
3. The WVU Alumni Band cannot authorize the use of copyrighted materials contained in linked third party Websites. Users must request copyright authorization from the third party.
4. The WVU Alumni Band is not responsible for transmissions received from linked third party Websites.
5. The WVU Alumni Band does not guarantee that linked third party Websites comply with Section 508 (accessibility requirements) of the Rehabilitation Act of 1998.

Please refer to ADA Section 508 for more information.

Information You Provide

Any personally identifiable information you may provide via the WVU Alumni Band Website is protected by the Privacy Policy governing the WVU Alumni Band Website. The WVU Alumni Band does not want you to, and you should not, send any confidential or proprietary content via the WVU Alumni Band Website.

You agree that any content that you or individuals acting on your behalf provide via the WVU Alumni Band Website will not be considered confidential or proprietary. By providing any such content, you grant the WVU Alumni Band an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such content, and you further agree that the WVU Alumni Band is free to use any ideas, concepts or knowledge that you or individuals acting on your behalf provide.

You further recognize that the WVU Alumni Band does not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporates the proprietary material of another.

Please refer to the WVU Alumni Band Privacy Policy for additional information.

Legal Compliance

It is the intention of the WVU Alumni Band to comply with all applicable laws, statutes, ordinances and regulations (including without limitation those governing unfair competition, antitrust, intellectual property and false advertising) regarding the use of its Website, the placing of bids on or purchase of goods or services through its Website, and posting and retrieval of content from its Website. The operation of the WVU Alumni Band Website is not intended to facilitate collusion or other illegal agreements among competitors or acts that would violate a third party’s copyright, trademark or other intellectual property rights or confuse or deceive visitors. Accordingly, you hereby represent and warrant that you do not intend to and will not use the WVU Alumni Band Website to violate antitrust, copyright, trademark, consumer protection or other applicable laws. The WVU Alumni Band also reserves the right to pursue any and all remedies available to it at law or in equity to ensure legal compliance and protect its interests and rights.

Legal Indemnity

In no event shall the WVU Alumni Band, or any of its affiliates or subsidiaries, be liable to any entity for any direct, indirect, special, punitive, consequential or other damages (including, without limitation, any loss of use, lost profits, business interruption, loss of information or programs or other data on your computer system) arising out of or in any way related to the use of, or the inability to use, the content and functionality of the WVU Alumni Band Website or any linked Website; even if you are expressly advised of the possibility of such damages. If you are dissatisfied with any portion of the site or the materials, your sole and exclusive remedy is to discontinue using the site and materials.

By using the WVU Alumni Band Website you hereby agree to indemnify, defend and hold harmless the WVU Alumni Band, and its affiliates, officers, employees, agents and representatives, from any and all claims, damages, liabilities, losses, penalties and expenses (including reasonable attorneys’ fees) arising out of, or related to, any breach of, or use inconsistent with, the terms and conditions in this license agreement.

Liability

The information contained in this “License Agreement” defines and explains the policies and practices that guide official the WVU Alumni Band Website. In legal terms, it shall not be construed as a contractual promise, and the WVU Alumni Band reserves the right to amend it at any time with notice. Neither the WVU Alumni Band nor any of its affiliates, officers, employees, agents or representatives shall be held liable for any improper or incorrect use of the information described and/or contained in the WVU Alumni Band Website and assumes no responsibility for anyone’s use of the information.

Warranty

Although the information and data found using the WVU Alumni Band Website has been produced and processed from sources believed to be reliable, no warranty, express or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The WVU Alumni Band  provides this information on an “as is” basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and noninfringement of proprietary rights are specifically and generally disclaimed.

Disclaimers

The WVU Alumni Band is a recognized constituent group of the West Virginia University Alumni Association.

Programs and activities offered by the WVU Alumni Band are available to all persons without regard to race, color, sex, disability, religion, age, veteran status, political beliefs, sexual orientation, national origin, and marital or family status.

West Virginia University is governed by the West Virginia Higher Education Policy Commission and the WVU Board of Governors.

Trade or brand names used are for educational purposes only. The use of such product names does not imply endorsement by the WVU Alumni Band to the exclusion of other products that may be equally suitable.

Policy Changes

The WVU Alumni Band reserves the right, at its discretion, to change, modify, add or remove any portion of this license agreement in whole or in part, at any time without notice. You should review policies governing the WVU Alumni Band Website occasionally to ensure you are comfortable with any changes that may have occurred since your last visit. Your continued use of the WVU Alumni Band Website will be considered acceptance of those changes.

The WVU Alumni Band may terminate, change, suspend or discontinue any aspect of its Website, including the availability of any features and functionality, at any time without notice. The WVU Alumni Band may also impose limits on certain features and services or restrict your access to parts or all of its Website without notice or liability. The WVU Alumni Band may terminate the authorization, rights and license agreement granted herein and upon such termination, you shall immediately destroy all downloaded WVU Alumni Band content.

The WVU Alumni Band also reserves the right to pursue any and all remedies available to it at law or in equity, and to change or cancel, at its discretion, the license or the terms and conditions hereof, with notice.

Comments and Questions

Many people share responsibility for managing content on the WVU Alumni Band Website. Please help us respond to your comments and inquiries by contacting the appropriate officer.