DALLAS CITY OF LEARNING INITIATIVE

ONLINE TERMS OF USE AND LICENSE GRANTS

Last Updated: May 11, 2015 | Download printable format (PDF)

DePaul University (“DePaul,” “we,” “us,” or “our”), in collaboration with Big Thought (“Big Thought”), provides this City of Learning initiative website (“Website”) to you subject to the terms and conditions of use (“Terms”) contained herein.

By visiting the Website, and in consideration for providing the Website and related services to you, you agree to abide by these Terms and our Privacy Statement, found at www.DallasCityofLearning.org and incorporated herein by reference. Please read the Terms and Privacy Statement carefully before using the Website. If you do not agree to be bound by these Terms, please promptly cease your use of the Website.

DePaul reserves the right to change these Terms at any time and will make the most recent version available on the Website. By using this Website and continuing to use the Website after any modifications, you agree to the Terms and to be bound by any such changes.

Accessing the Website and Account Security

DePaul reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement at www.DallasCityofLearning.org, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

 

Rules for Online Conduct

You may use the Website only for lawful purposes and in accordance with these Terms.

You agree not to use the Website:

·       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·       For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

·       To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

·       To impersonate or attempt to impersonate DePaul and/or Big Thought, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

·       To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm DePaul, Big Thought or users of the Website or expose them to liability.

Additionally, you agree not to:

·       Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

·       Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

·       Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

·       Use any device, software or routine that interferes with the proper working of the Website.

·       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

·       Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·       Otherwise attempt to interfere with the proper working of the Website.

 

Intellectual Property Rights and License Grants

Permission to Use the Website and Materials

Except for work product and materials you create through your use of the Website in connection with the City of Learning initiative (“Your Projects”), the Website and its entire contents, features and functionality are owned by DePaul, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

DePaul grants you a personal, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

·       You may reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit Your Projects without restriction.

·       You may store files that are automatically cached by your Web browser for display enhancement purposes.

·       You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Rights in Your Projects

By creating Your Projects in connection with the City of Learning initiative on the Website, you grant to DePaul and Big Thought a non-exclusive, perpetual, irrevocable, sub-licensable, worldwide, transferable, fully-paid-up, royalty-free license to use, reproduce, perform, display, transmit and distribute Your Projects on the Website or in connection with the City of Learning initiative.

 

Links to Other Sites

The Website may include hyperlinks to websites maintained or controlled by others. DePaul is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

 

Choice of Law / Forum Selection

DePaul University is headquartered in Chicago, Illinois. You agree that any dispute arising out of or relating to these Terms or any content posted to the 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 Illinois, 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 Chicago, Illinois as the legal forum for any such dispute.

 

Disclaimer of Warranty / Limitation of Liability

THE WEBSITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

DePaul does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the Website, information obtained from the Website, or link to the Website. DePaul does not warrant that the Website will operate in an uninterrupted or error-free manner or that Sites are free of viruses or other harmful components. Use of information obtained from or through these Sites is at your own risk.

YOU AGREE THAT DEPAUL AND BIG THOUGHT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, 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. IN PARTICULAR, DEPAUL AND BIG THOUGHT WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE WEBSITE, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

DePaul 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. DePaul disclaims any and all liability resulting from or related to such events.

 

Indemnification

You agree to indemnify and hold DePaul and Big Thought harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of the Website or your placement of any content onto the Website, and to fully cooperate in DePaul’s and Big Thought’s defense against any such claims.

 

Copyright Complaints

DePaul respects the intellectual property rights of others. If you believe your copyright has been violated on the Website, please give notice to: abuse@depaul.edu.

 

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