By using this website (referred to as the “Website”), you agree to be bound by the following terms and conditions (“Terms of Use”). This agreement is personal to you; it cannot be assigned or transferred. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
- YOUR ACCEPTANCE
By using and/or visiting the Website you signify your agreement to:
· I. These terms and conditions (the “Terms of Use”); and
· II. This privacy policy, which is incorporated here by reference.
If you do not agree to any of these terms, or the privacy policy, please do not use this Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- WEBSITES
These Terms of Use apply to all users of the Website, including users who are contributors of content and other materials or services on the Website. The term Website shall be understood to include all aspects and services of the New World School of the Arts Alumni Foundation (the “Foundation”) websites, including but not limited to all products, software and services offered via any website such as the blogs, groups, clubs, directories, discussion boards, messaging, social and professional networking, photo and video uploading, commenting, mailing lists, and other applications.
The Website may electronically publish news and information that may include facts, views, opinions and recommendations of individuals and organizations deemed of interest to alumni. The Foundation does not review, monitor, verify or guarantee the accuracy, completeness or timeliness of or otherwise endorse information provided by any organization or individual, give advice or advocate the purchase or sale of any product or service not directly offered by The Foundation.
The Website may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. The text and other materials on these Websites are the opinion of the specific author and are not statements of advice, opinion, or information of The Foundation.
The Website may contain links to third-party websites that are not owned by, affiliated with or controlled by The Foundation. The Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites not directly affiliated with The Foundation. In addition, the Website will not and cannot censor or edit the content of any non-affiliated third-party site. By using the Website, you expressly release The Foundation from any and all liability arising from your use of any third-party website.
- ADDITIONAL USER RESTRICTIONS
Users of the Website acknowledge that they are alumni or students of The New World School of the Arts. Alumnus/a is defined as a person who: has attended The New World School of the Arts as a student, staff member and/or faculty member. If you are under 18, you may purchase products or services or register for an event only through a parent or guardian.
In addition, you agree to use content on the Websits that is restricted to Alumni for your personal use only.
- RULES FOR ONLINE CONDUCT
You agree to use the Website in accordance with all applicable laws. Because The Foundation is a nonprofit, tax-exempt organization, you agree that you will not use the Website for organized partisan political activities or commercial purposes. You further agree that you will use all of the services or information provided on the Website in accordance with the rules of conduct set forth below. This includes interactions with other users by email, web post, postal mail, or phone.
Prohibited conduct:
- Posting content that defames or threatens others
- Posting statements that are bigoted, hateful or racially offensive
- Posting content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets. When quoting copyrighted material, please adhere to the Electronic Frontier Foundation’s Fair Use Guidelines.
- Posting material that contains obscene language or images
- Advertising or any form of commercial solicitation
Statements or postings which violate the above terms will be deleted from the Website upon discovery. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright of the material, or other legal entitlement to use the material. Any person posting material protected by copyright for the benefit of any third-party represents and warrants consent or permission has been obtained to post such materials. Although The Foundation does not screen or monitor content posted by users to the Website, The Foundation reserves the right to remove content that violates the above rules of which it becomes aware.
You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not “flood” or disrupt the Website through any means or process.
You may not copy, scrape, download, export or otherwise capture any data obtained in the Website, e.g., the alumni directory, and/or store it outside of the system, e.g., in a separate spreadsheet, email list, database or other external repository.
You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Website.
- ONLINE COMMUNICATIONS
Communication services provided through the Website, such as the Alumni Directory, online alumni communities, discussion boards, blogs, messaging, social and professional networking and other services in the future, are a part of the Website designed for communication between alumni Users. The Foundation will not monitor these communications, but reserves the right to take action against any User who defames or harasses another User through any of the services offered through the Website, if it comes to The Foundation’s attention.
- DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
The Foundation does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through the Website is at your own risk.
YOU AGREE THAT THE FOUNDATION WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE WEBSITE, OR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, OR YOUR INVOLVEMENT WITH ANY ONLINE FOUNDATION AND/OR ALUMNI COMMUNITY. IN PARTICULAR, THE FOUNDATION WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, MISUSE OF SERVICES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY PURCHASES ON THE WEBSITE, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR YOUR INVOLVEMENT WITH AN ONLINE FOUNDATION AND/OR ALUMNI COMMUNITY OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
The Foundation makes no representation regarding your ability to transmit and receive information from or through the Website and you agree and acknowledge that your ability to access the Website may be impaired. The Foundation disclaims any and all liability resulting from or related to such events.
- CHOICE OF LAW / FORUM SELECTION
You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Miami-Dade and/or Broward County, Florida, as the legal forum for any such dispute.
- NOTICE
The Foundation may, in its sole discretion, modify or revise these Terms of Use and policies at any time. Notice of any such change or addition will be made within approved interfaces to the Website and/or by email. By using the Website after any change or addition is announced, you agree to be bound by all such changes or additions.
- TERMINATION OF SERVICE
The Foundation may terminate your access rights to the Websites at any time, without notice, for conduct that The Foundation believes violates this Agreement or other policies or guidelines that The Foundation has posted. The Foundation may terminate your access rights to the Websites for online conduct that The Foundation believes is harmful to other Users, to The Foundation’s business, or to other information providers.
- TRADEMARKS
The logo, name and all graphics on the Website are trademarks of The Foundation. Use, reproduction, copying or redistribution of trademarks without the written permission of The Foundation is prohibited. All other trademarks or service marks appearing on the Website are the marks of their respective owners.
- INDEMNIFICATION
You agree to defend, indemnify and hold The Foundation, its trustees, officers, employees and agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Website or your placement of any content onto the Website, and to fully cooperate in The Foundation’s defense against any such claims.
- COPYRIGHT LICENSES AND COMPLAINTS
Owner of posted materials grants the Foundation a non-exclusive, royalty-free, perpetual license to reproduce and distribute any content posted on the Website.
The Foundation respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been violated on the Websites, please provide the following information to the contact information listed on the Website.
- The name, address, and physical or electronic signature of the complaining party
- Identification of the infringing materials and their Internet location, or if the service provider is an “information location tool” such as a search engine, the reference or link to the infringing materials
- Sufficient information to identify the copyrighted works
- A statement by the copyright holder of a good faith belief that there is no legal basis for the use complained of
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the copyright holder