Read this Terms and Conditions of Use Agreement (“Agreement”) before using the www.fenwickfalcons.org Web site (the “Site”). Your access to and use of the Site is provided subject to this Agreement. By using any part of the Site, you agree to these terms and conditions.
The Site is owned and operated by Bishop Fenwick High School (“Bishop Fenwick”). Bishop Fenwick would like to thank you for visiting the Site.
Effective Date: This Agreement was last updated on, and is effective as of March 18, 2016.
II. Your Responsibilities
You acknowledge that you are responsible for whatever material you submit to the Site, including its legality, reliability, appropriateness, originality, or copyright. If Bishop Fenwick makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.
By placing or downloading material on the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.
Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:
(a) violates or infringes the rights of Bishop Fenwick or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Bishop Fenwick or other uses of the Site;
(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(d) collects, stores, and/or discloses personal data about others unless specifically authorized by such others;
(e) impersonates any person, business or entity, including Bishop Fenwick, and Bishop Fenwick’s employees and agents;
(f) misrepresents your affiliation with a person or entity;
(g) 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;
(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;
(i) transmits spam, bulk or unsolicited communications or posts third-party advertisements;
(j) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
(k) violates this Agreement, guidelines, or any policy Bishop Fenwick posts on the Site; or
(l) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Site.
You acknowledge that Bishop Fenwick has the right (but not the obligation), in Bishop Fenwick’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
III. Rights in your Content; Unsolicited Communications
For content that is covered by intellectual property rights, like photos, videos, and audio (“IP content”), you specifically grant Bishop Fenwick a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or transmit to Bishop Fenwick through the Site or by e-mail (“IP License”), subject to any other written agreements signed by Bishop Fenwick.
IV. Copyright and Trademark Information
All content posted to the Site by or at the direction of Bishop Fenwick, including names, images, logos and pictures identifying services of Bishop Fenwick or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of Bishop Fenwick and/or its affiliates and is protected by intellectual property rights. Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bishop Fenwick, is strictly prohibited. Users may copy, download, or print materials contained on the Site for their own non-commercial use, provided that a copyright notice crediting Bishop Fenwick appears on all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the Bishop Fenwick name is not used in advertising or publicity pertaining to distribution of this documentation without specific, written prior permission from Bishop Fenwick. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part, or all of the Site or the content contained therein without prior written permission of an authorized officer of Bishop Fenwick.
Bishop Fenwick and its logos and other trademarks are proprietary marks of Bishop Fenwick and may not be used in connection with any product or service that is not provided by Bishop Fenwick, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any Bishop Fenwick patent, copyright, or trademark.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Bishop Fenwick or the Site.
V. DISCLAIMER OF WARRANTIES
BISHOP FENWICK IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE. THE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BISHOP FENWICK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
BISHOP FENWICK MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.
BISHOP FENWICK MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; OR (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
BISHOP FENWICK MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS. BISHOP FENWICK HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
VI. Limitation of Liability
IN NO EVENT WILL BISHOP FENWICK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF BISHOP FENWICK HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.
IN NO EVENT WILL BISHOP FENWICK’S LIABILITY OR THE LIABILITY OF BISHOP FENWICK’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS IN CONNECTION WITH YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $100.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
You agree to indemnify and hold Bishop Fenwick, its parents, predecessors, subsidiaries, assignees, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers, and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your (or other user of the Site using your computer or internet access) infringement of any intellectual property or any other right of any person or entity.
Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. Bishop Fenwick also reserves the right, in Bishop Fenwick’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
X. Third-Party Sites
XI. Governing Jurisdiction of the Courts in the State of Ohio
This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Warren County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
XII. Entire Agreement
This Agreement represents the entire agreement between you and us. No distributor, agent, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.
Bishop Fenwick retains the right, at its sole discretion, to terminate Site access involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Bishop Fenwick reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Bishop Fenwick’s discretion.
XIV. Other Terms
You acknowledge and agree that Bishop Fenwick may preserve and disclose the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect Bishop Fenwick’s rights or property; or (e) in circumstances that Bishop Fenwick deems, in its sole discretion, to pose a threat to the safety of you or others.
XV. Modifications and Interruption to Service
Bishop Fenwick reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site or purchases made after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as expressly stated herein, this Agreement may not be amended.
Bishop Fenwick reserves the right to modify or discontinue the Site with or without notice. Bishop Fenwick shall not be liable to you or any third party should Bishop Fenwick exercise its right to modify or discontinue the Site. You acknowledge and accept that Bishop Fenwick does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Bishop Fenwick’s control.