Columbia College Web Site(s)/Service(s) Terms Of Use
Agreement Between You and The Trustees of Columbia University
in the City of New York ("Columbia University") on behalf
of Columbia College
The Columbia College Web Site is made up of various Web sites and
Web pages operated by Columbia College, 2960 Broadway, New York,
NY 10027. This Terms of Use applies to the Columbia College Web
Site and does not apply to the content of third parties.
The Columbia College Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Columbia College Web Site(s)/Service(s)
constitutes your agreement to all such terms, conditions, and notices.
Changes to and Termination of Services
Columbia University and Columbia College shall have the right at
any time to change or discontinue, temporarily or permanently, any
aspect or feature of a Columbia College Web Site(s)/Service(s),
including, but not limited to, content, hours of availability, and
equipment needed for access or use. Each user's use of particular
services may be subject to specific guidelines or rules ("Service-specific
Rules") posted from time to time and incorporated by this reference
into the Terms of Use.
Equipment
Subscriber shall be responsible for obtaining and maintaining all
computer hardware and other equipment needed for access to and use
of the Columbia College Web Site(s)/Service(s) and all charges related
thereto. To use the services, each user must independently obtain
access to the World Wide Web, either directly or through devices
that access Web-based content, and pay any and all service fees
or equipment costs associated with such access.
Privacy and Protection of Personal Information
See the Privacy Statement at http://www.college.columbia.edu/privacy/
for disclosures relating to the collection and use of your personal
information.
Accounts, Passwords, and Security
Certain areas of the Columbia College Web Site require you to
open an account with Columbia College or to use your Columbia University
ID.
Should you be required to open an account with Columbia College,
you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form. You will choose a password and a user name.
When you use any account for access to The Columbia College Web
Site(s)/Service(s), you are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under
your account. You agree to notify Columbia College immediately of
any unauthorized use of your account or any other breach of security.
Neither Columbia University nor Columbia College will be liable
for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Columbia
University, Columbia College or another party due to someone else
using your account or password. You may not use anyone else's account
at any time, without the permission of the account holder. You must
exit from your account at the end of each session.
Modification of These Terms of Use
Columbia University and Columbia College reserves the right to
change the terms, conditions, and notices under which the Columbia
College Web Site is offered or to impose new conditions. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but
not limited to, posting on the Columbia College Web Site(s). You
are responsible for regularly reviewing these terms and conditions
and additional terms posted on particular Web sites. Your continued
use of the Columbia College Web Site constitutes your agreement
to all such terms, conditions, and notices.
Personal and Non-Commercial Use Limitation
The Columbia College Web Site is for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the Columbia College Web Site. Without the advance express
written permission of Columbia College, you may not 'meta-search'
the Columbia College Web Site(s)/Service(s), send, or cause to be
sent, any automated queries of any sort to the Columbia College
Web Site(s)/Service(s)s, or use the Columbia College Web Site(s)/Service(s)s
in any commercial manner. You agree not to sell, resell or offer
for any commercial purposes, any portion of the site(s)/service(s),
use of the site(s)/service(s) or access to the site(s)/service(s).
Links to Third Party Sites
The Columbia College Web Site(s)/Service(s)s may contain images
of and links to third party Web sites ("Linked Sites").
The Linked Sites are not under the control of Columbia College,
and neither Columbia University nor Columbia College is responsible
for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to
a Linked Site. Neither Columbia University nor Columbia College
is responsible for Web casting or any other form of transmission
received from any Linked Site nor is Columbia College responsible
if the Linked Site is not working appropriately. Columbia College
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Columbia University or
Columbia College of the site or any association with its operators.
You are responsible for viewing and abiding by the privacy statements
and terms of use posted at the Linked Sites.
No Unlawful or Prohibited Use
As a condition of your use of the Columbia College Web Site(s)/Service(s),
you will not use the Columbia College Web Site(s)/Service(s) for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Columbia College Web Site(s)/Service(s)
in any manner that could damage, disable, overburden, or impair
any Columbia College Web Site(s)/Service(s) (or the network(s) connected
to any Columbia College Web Site(s)/Service(s)) or interfere with
any other party's use and enjoyment of any Columbia College Web
Site(s)/Service(s). You may not attempt to gain unauthorized access
to any Columbia College Web Site(s)/Service(s), other accounts,
computer systems or networks connected to any Columbia College Web
Site(s)/Service(s), through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through
the Columbia College Web Site(s)/Service(s).
Use of Services
The Columbia College Web Site(s)/Service(s)(s) may contain e-mail
services, bulletin board services, chat areas, news groups, forums,
communities, personal Web pages, calendars, photo displays and/or
other message or communication facilities designed to enable you
to communicate with others (collectively, "Communication Services").
You agree to use the Communication Services only to post, send
and receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
- Use the Communication Service in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
- Publish, post, upload, distribute or disseminate any topic,
name, material or information that incites discrimination, hate
or violence towards one person or a group because of their belonging
to a race, a religion or a nation, or that insults the victims
of crimes against humanity by contesting the existence of those
crimes.
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consents to do the same.
- Use any material or information, including images or photographs,
which is made available through the Columbia College Web Site(s)/Service(s)(s)
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
- Use of meta tag searches on the Web sites.
- Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically
allows such messages.
- Download any file posted by another user of a Communication
Service that know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that
is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of an
Columbia College Web Site(s)/Service(s)(s) or other user or usage
information or any portion thereof.
Columbia College has no obligation to monitor the Communication
Services. However, Columbia College reserves the right to review
materials posted to a Communication Service and to remove any materials
in its sole discretion. Columbia College reserves the right to terminate
your access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
Columbia University and Columbia College reserve the right at all
times to disclose any information as Columbia University or Columbia
College deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
at the sole discretion of Columbia University or Columbia College.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Service.
Columbia College does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
Columbia College and Columbia University specifically disclaim any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Community leaders and hosts are not authorized Columbia College
spokespersons, and their views do not necessarily reflect those
of Columbia College.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination,
you are responsible for adhering to such limitations if you download
the materials.
Materials Provided to Columbia College or Posted Within The Columbia
College Web Site
Columbia College and Columbia University do not claim ownership
of the materials you provide to Columbia College (including feedback
and suggestions) or post, upload, input or submit to any Columbia
College Web Site(s)/Service(s) or its associated services for review
by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting Columbia
College permission to use your Submission in connection with the
operation of the Columbia College Web Site(s)/Service(s) and Columbia
College Alumni Publications, including, but not limited to, Columbia
College Today. This permission includes, without limitation, the
license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission;
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Columbia College is under no obligation to post
or use any Submission you may provide and Columbia College may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
Each user, by using the Columbia College Web Site(s)/Service(s),
may be exposed to content that is offensive, indecent or objectionable.
Each user must evaluate, and bear all risks associated with, the
use of any content, including any reliance on the accuracy, completeness,
or usefulness of such content.
General Practices Regarding Use And Storage
Columbia College may establish general practices and limits concerning
use of the site(s)/service(s). While Columbia College will use reasonable
efforts to back up site data and make such data available in the
event of loss or deletion, neither Columbia University nor Columbia
College has any responsibility or liability for the deletion or
failure to store any messages and other communications or other
content maintained or transmitted by any site(s)/service(s). Columbia
College reserves the right to mark as "inactive" and archive
accounts and/or projects that are inactive for an extended period
of time. Columbia College reserves the right to change these general
practices any time in its sole discretion.
Termination/Access Restriction
Columbia University and Columbia College reserve the right, in
its sole discretion, to terminate your access to any or all Columbia
College Web Site(s)/Service(s) and the related services or any portion
thereof at any time, without notice.
Neither Columbia University nor Columbia College shall have any
obligation to maintain any content or to forward any unread or unsent
messages to you or any third party.
Copyrights and Copyright Agent
Columbia College respects the rights of all copyright holders and
in this regard, Columbia College has adopted and implemented a policy
that provides for the termination in appropriate circumstances of
account holders who infringe the rights of copyright holders. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Columbia College's Copyright
Agent the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. ¤ 512:
- A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such
works at that site;
- 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;
- Information reasonably sufficient to permit us to contact the
complaining party;
- 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; and
- 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.
For copyright inquiries under the Digital Millennium Copyright
Act please contact:
Columbia College Information Technology
2960 Broadway - Mailcode 2808
New York, NY 10027
Voice: (212) 854-6360
Email: ccit@columbia.edu
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE COLUMBIA COLLEGE WEB SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
TO THE COLUMBIA COLLEGE WEB SITES/SERVICES AND TO THE INFORMATION
THEREIN. COLUMBIA COLLEGE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE COLUMBIA COLLEGE WEB SITES/SERVICES AT ANY TIME. ADVICE RECEIVED
VIA THE COLUMBIA COLLEGE WEB SITES/SERVICES SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
NEITHER COLUMBIA UNIVERSITY NOR COLUMBIA COLLEGE MAKES ANY REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK
OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
THE COLUMBIA COLLEGE WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND. COLUMBIA COLLEGE AND COLUMBIA UNIVERSITY HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT COLUMBIA UNIVERSITY AND COLUMBIA COLLEGE
SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
A COLUMBIA COLLEGE WEB SITE(S)/SERVICE(S). YOU SPECIFICALLY AGREE
THAT COLUMBIA COLLEGE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT COLUMBIA
UNIVERSITY AND COLUMBIA COLLEGE ARE NOT RESPONSIBLE FOR ANY CONTENT
SENT USING AND/OR INCLUDED IN AN COLUMBIA COLLEGE WEB SITE(S)/SERVICE(S)
BY ANY THIRD PARTY.
IN NO EVENT SHALL COLUMBIA COLLEGE BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE COLUMBIA COLLEGE WEB SITES/SERVICES, WITH
THE DELAY OR INABILITY TO USE THE COLUMBIA COLLEGE WEB SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE COLUMBIA COLLEGE WEB SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF COLUMBIA COLLEGE WEB SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF COLUMBIA COLLEGE HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COLUMBIA COLLEGE
WEB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COLUMBIA COLLEGE
WEB SITES/SERVICES.
General
This agreement is governed by the laws of the State of New York.
You hereby irrevocably consent to the exclusive jurisdiction and
venue of courts in New York, New York, in all disputes arising out
of or relating to the use of the Columbia College Web Site(s)/Service(s).
You agree to indemnify and hold Columbia College, Columbia University,
subsidiaries and their trustees, officers, employees, and agents
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising out
of your use of or conduct on the Columbia College Web Site(s)/Service(s).
Columbia College reserves the right to disclose any personal information
about you or your use of the Columbia College Web Site(s)/Service(s),
including its contents, without your prior permission if Columbia
College has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Columbia University
or Columbia College; (3) enforce the terms or use; or (4) act to
protect the interests of its members or others. Columbia College's
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation
of Columbia College's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of
the Columbia College Web Site(s)/Service(s) or information provided
to or gathered by Columbia College with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Columbia College
or Columbia University with respect to the Columbia College Web
Site(s)/Service(s) and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Columbia College or Columbia University with
respect to the Columbia College Web Site(s)/Service(s). A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Columbia College Web Site(s)/Service(s) are:
Copyright © 2002
The Trustees of Columbia University in the City of New York
2960 Broadway
New York, NY 10027
All rights reserved.
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