Last Updated on 10 February 2014 Published Date 10 February 2014 Written by WAAI
Changes and Updates to this Policy
This Policy shall supersede and replace all previous versions thereof. We reserve the right to change the information, features, products, policies, promotions, disclosures and disclaimers of this Site at any time. Changes to this Policy will be posted on the Site as they occur. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page. Please check this Policy periodically to determine if any changes were made to it since you last visited the Site. Your continued use of the Site following the posting of changes to this Policy means that you have accepted such changes. BY VISITING THE SITE, YOU ACCEPT THE PRACTICES DESCRIBED IN THIS POLICY, UNLESS YOU ARE A CHILD UNDER THE AGE OF 13, IN WHICH CASE, YOUR PARENTS ACCEPT THIS POLICY FOR THEMSELVES AND ON YOUR BEHALF. BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE THIS WEBSITE. You agree that when you click on an "I agree" or another similarly worded "button" or entry field with your mouse, keystroke or other computer device, if any, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. The terms of this Policy also apply to information, data, responses, tracking data and personally identifiable information that was gathered prior to the date of this Policy ("Prior Data"). We reserve the right to use such Prior Data, unless you opt-out of such usage by emailing firstname.lastname@example.org.
How You Can Update or Correct Your Information and Contact the Site
You can send a message to email@example.com to update or correct your Information or have your Information removed from our records. Please contact us at firstname.lastname@example.org if you have any questions or concerns regarding the Site or this Policy.
Collection of Personally Identifiable Information
We collect and retain two types of information about Site visitors: (i) personal information that individual visitors provide when interacting on the Site, or voluntarily at certain other points (such as via forms or emails), including when registering for an Account, as described below; and (ii) non-personal website usage data (such as number of visitors per day/week/month or number of account registrations). The Information that we gather may include your name, address, telephone number, email address, graduating class year, or other elements of personal information. The type of Information collected may depend on the service or feature that you are trying to access or obtain. In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein. Please note that if you choose not to provide us with certain Information requested on any such form, you may be precluded from accessing or from fully benefiting from the features, content or services offered on the Site.
How We Use Your Information
The Information that we collect and that you provide to us is used for our organizational purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence. The Information may also be analyzed so that we can operate the Site in the best manner possible through enhanced features and functions and to provide you with useful information. We use the non-personal website usage data for a variety of purposes, including, without limitation, for system administration, load balancing metrics and to create reports on user demographics and Site traffic patterns. The reports that are generated from the website usage data are used for a variety of purposes, including, for example, to improve the Site and our services. We will not disclose any Information to third parties, except (i) when we believe that such disclosure is required by law; (ii) to enforce the Policy; (iii) to protect the rights, property, security or safety of Westville Alumni Association, Inc., Site users or the public; (iv) to respond to an emergency; or (v) as otherwise stated in this Policy. We reserve the right to disclose any Information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order ("Order") without any obligation to contest or verify the accuracy of such Order. We may employ third-party agents or third-party service providers to host the Site or other administrative tasks. These third parties have access to Information needed to perform their functions. We seek to limit such third parties to using the Information that is shared with them solely for the purpose of providing such services, however, we cannot be responsible for such third parties' use of Information not in compliance with this Policy.
Links To Other Sites
We may provide links to other web sites. We are not responsible for the information collection, use and disclosure practices of those other web sites, and we advise you to check the privacy policies of each such other web site before using it, to understand how your personal information will be handled on each such other web site. Our Policy does not apply to any of the other web sites to which our Site links.
How Your Information Is Protected
We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic, and procedural safeguards for your Information. You should recognize, however, that there is no such thing as "perfect security" on the internet and we cannot guarantee the security of your Information. In addition, because internet communication is unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We make no guarantees, warranties or representations that you will be absolutely safe or insulated from inappropriate content or behavior and we do not guarantee, warrant or represent that any Site user will not try to circumvent, or be successful in circumventing, any of the features on the Site. We cannot be liable for any breach of our systems, interception of our transmission or inappropriate behavior of other users of the Site and we hereby fully disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information or behavior of other users.
Our Administration of the Site
We may impose limits on certain features or restrict your access to parts, or all, of the Site without any notice or liability of any kind. Administration of the Site is done by volunteers in good standing with WAAI. All Site administration is done free-of-charge, however Site hosting services and domain registration does incur costs to WAAI. We make reasonable efforts to keep costs as low as possible while still serving the mission of WAAI.
Materials and Content Contained in the Site
All materials and content contained on the Site or provided through the Site (including any form of media on or through which any portion of the Site is provided to you) are the copyrighted property of the Westville Alumni Association, Inc., its affiliated entities and/or third parties. All WAAI trademarks, service marks, brands, trade dress, logos, characters and trade names, the WAAI logo design, as well as the domain names (registered and unregistered) associated with the foregoing, are proprietary to WAAI and may not be used or reproduced in any manner unless expressly licensed by WAAI. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download into your local web browser's cache one copy of the materials for your personal, non-commercial use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the materials, (c) you do not use the materials in a manner that suggests any association with any of our products, services, or brands or the products, services or brands of any other person, and (d) you do not download any of the materials to a database that can be used to avoid future access to the Site for access to such downloaded materials.
We are pleased to hear from you and welcome your permitted postings and comments regarding the Site. However, Westville Alumni Association, Inc. does not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested or allowed, via submission forms on the Site, to be submitted. We value your feedback on the Site, however, when submitting anything to us we cannot assure the protection of any proprietary rights you may have in any such submission. All submissions sent by you to us, whether at our request (e.g., picture postings, postings to chat areas, boards, or any other form submission) or not and whether such submissions contain your creative suggestions, ideas, notes, drawings, concepts, or other proprietary information or intellectual property (collectively, "User Submissions" notwithstanding whether provided by a Member, user or some other individual or entity) shall be deemed, and shall remain, our sole property. None of the User Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any User Submission. Without limiting the foregoing, we shall exclusively own all now known or hereafter existing rights to the User Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the User Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions.
Posting and Other On-Site Communications
"Common Area" means a chat room, message board, personalized page, photo log or photo page, or other similar function which may be offered as part of the Site. If you participate in any Common Area within the Site, you must not, and the Member is responsible for ensuring that no one using the Account shall: defame, abuse, harass or threaten others; make any bigoted, hateful or racially offensive statements (as determined in our sole discretion); advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party (including, without limitation, any intellectual property right) or any law; post or distribute any vulgar, obscene, discourteous or indecent language or images (as determined in our sole discretion); advertise or sell to, or solicit others; use the Common Area for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of the respective Common Area. We reserve the right to remove or edit content from any Common Area at any time and for any reason. By uploading materials to any Common Area or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, to the extent provided by law, you represent and warrant that all so-called "moral rights" in those materials have been waived. Any visitor to the Site remains solely responsible for the content of any message sent, authored, or compiled by such visitor. We may disclose the identity of a user posting or uploading materials to a Common Area.
THE MATERIALS ON THE SITE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SITE IS PROVIDED TO YOU) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN CONNECTION WITH YOUR USE OF THE SITE.
LIMITATION OF LIABILITY
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Site Provider's Designated Agent. Notification must be submitted to the following Designated Agent: Site Provider: The Westville Alumni Association, Inc. (WAAI). Name of Agent Designated to Receive Notification of Claimed Infringement: current WAAI President. Full Address of Designated Agent to Which Notification Should be Sent: Westville Alumni Association, Inc., PO BOX 461, Westville, IN 46391.Telephone Number of Designated Agent: 219-561-0947. Email Address of Designated Agent: email@example.com. To be effective, the notification must be a written communication that includes the following: A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 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; 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.
You may not modify this Policy. This Policy shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in the state or federal courts located in the County and State of Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action and waive any claim that such courts are an inconvenient forum for such actions. If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the provisions contained herein and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided for herein.