Effective as of: January 8, 2011
Date of Last Revision: January 8, 2011
Welcome
Thank you for choosing to visit our web site. Eton's University web site "Terms of Use" apply to your access to, and use of, the University's web sites located at www.eton-university.us as well as any other University-controlled sites, regardless of domain name or IP address (collectively "Site" or "Sites") and the features and applications accessible through the Sites (collectively the "Services"). Certain Services may be subject to additional terms and conditions (collectively "Additional Terms") as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the University, or its subsidiaries or affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by the University.
Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. By accessing or using any of the sites or the services, you are entering into a legal contract with the university, the terms of which govern your use of the sites. Accordingly, by your access or use you agree to be bound by the terms and conditions described herein and all additional terms incorporated by reference. If you do not agree to all of these terms, do not use the sites or the services.
In general, you can visit or browse the site without telling us who you are or revealing any personally identifiable information about yourself. However, in order to access certain parts of our site, you must be an enrolled student or part of our staff or faculty.
Modifications to Terms of Use
The University reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Sites, at any time and in its sole discretion. If the University changes or modifies these Terms of Use, the University will post the changes to these Terms of Use on the Sites and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.
Privacy Policy
Please refer to the privacy policy on the applicable Site for information on how the University collects, uses and discloses the information collected on that Site.
Copyright and Limited License from the University
Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the University logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the University, or their licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
(i) use the Sites, the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the University, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time, in the University's sole discretion.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the University will terminate, in appropriate circumstances and at the University's sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. The University may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Electronic Communications
When you send emails to us, you are communicating with us electronically and consent to receive return communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User Submissions
The personal information you submit to the site is governed by the site’s Privacy Policy which is incorporated into these Terms of Use and forms a part of your agreement with us. When we use the term “personal information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, ZIP code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you.
You agree you will not send, upload or transmit any communication or content of any type to the email address listed on the “Contact Us” link that infringes or violates any rights of any party or violates these Terms of Use. Any user submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention, (individually and collectively, “user content”) agrees and understands that User Content will not be considered or treated as confidential, and
- acknowledges and understands that others may see, read, use or re-transmit such User Content,
- explicity represents and warrants that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content,
- that Eton University and its affiliates are thereby granted a perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, or create derivative works from, and modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform or display such User Content in any media or medium or any form, format or forum now known or hereafter developed.
Enrolled Students: Comments, Communications and Student Content
Enrolled students may post comments, participate in online surveys and certain other online activities reserved for students only, and submit suggestions, ideas, comments, questions, artwork, statements, quotes, information or any other posting or submission (collectively, “student content”), provided that the student content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such student content at any time.
Limitation of Warranty and Liability
The use of this site and its content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the site, including information you provide to us or our site.
Advertisements, Searches and Third Party Links
The site may provide third-party advertising or content or links to third-party Web sites on the site. Eton University does not recommend, monitor, control or endorse any third party advertising or content that may be available on the site or the content on any third-party Web sites, and is not responsible for such third-party Web sites’ terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk.
Indemnification
You agree to defend, indemnify, and hold Eton University, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Conditions of Use.
Copyright Violations
If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Suzy Sobhi, Corporate Counsel
Telephone Number of Designated Agent: +971 7 2046097
Facsimile Number of Designated Agent: +971 7 2046098
E-Mail Address of Designated Agent: copyright-agent@eton-university.us
To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d) Information reasonably sufficient to permit our or our designee's contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, the University or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at the University's sole option: a general notice on the Sites, electronic mail to the content provider's email address in our records, or by written communication sent by mail to such user's postal address in our records.
Applicable Law
These Terms of Use and your use of the Sites, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the City of Belize applicable to agreements made and to be entirely performed within the City of Belize, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in City of Belize, Belize and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Termination
Notwithstanding anything to the contrary in these Terms of Use, the University reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Your Obligations
In consideration of your use of our Sites, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at terms-of-use@eton-university.us. Until we are so notified you will remain liable for any unauthorized use of your account. If you have simply forgotten your password and need help recovering it, see our login recovery page
You agree to use our Sites in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through our Sites any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to our Sites is strictly prohibited. We reserve all rights and remedies available to us.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of our Sites (including any information, materials, products or services available through our Sites).