summary
the university of notre dame mynotredame service (the ‘service’) is owned by the university of notre dame. includes an online directory intended to promote and enhance personal communication between service participants.
The Service is for the purposes of the University of Notre Dame and also for individual communication of a personal nature between Service Members. use of this service for any other purpose, including, but not limited to, reproduction and storage in a retrieval system by any means, electronic or mechanical; photocopied; or using the addresses or other information contained in this service for any private solicitation or commercial or political mailing is strictly prohibited. the service is provided as is and according to availability. notre dame disclaims any responsibility for the availability, timeliness, security or reliability of the service or any part thereof.
use eligibility
the service, or portions thereof, is available to authorized members of the university family, including, without limitation, alumni, students, parents, friends, and employees, as well as others authorized by the university in its sole discretion, and is subject to the terms set forth in these Terms of Use (the ‘Policy’). your use of the service indicates that you accept the terms hereof and agree to abide by them. notre dame reserves the right and may, from time to time, modify the service and the terms of this policy. The continued use of the service of it, after the modifications, indicates your acceptance of the modification and the applicability of the policy to it. you understand and agree that the service is provided “as is” and that notre dame assumes no responsibility for any aspect of this service, including, but not limited to, the timeliness, deletion, misdelivery, or failure to store any user communication. The University may choose to allow access to the Service by non-University entities in Notre Dame’s sole discretion to perform approved University-related functions.
rules of conduct online
You agree to use these services in accordance with the policy, that you (and not the University of Notre Dame) will be responsible for any information, data, text, music, photographs, etc. (‘content’) that you post, email or otherwise transmit through the use of the service, and you further agree that in the use of this service you will not: (i) post or transmit any content that is unlawful, threatening , abusive, libelous, defamatory, unlawful, obscene, vulgar, pornographic, harassing, profane, invasive of another’s privacy, or indecent, bigoted, hateful, or racially, ethnically, sexually or otherwise offensive; (ii) impersonate any person or entity or falsely state or misrepresent your professional or other affiliation with any person or entity; (iii) post or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) disrupt the normal use of the service by others; (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post, transmit or otherwise exploit any information, software or other material for commercial or political purposes or that contains advertising, including without limitation “spam” or “pyramid schemes”, or any other form of solicitation; (viii) use the service to collect or store personal data about other users; (ix) attempt to access or gain access to another user’s account or attempt to access areas for which the user is not authorized; and (x) interfere with or disrupt the Service or servers or networks connected to the Service, and/or the use of other service providers, or fail to adhere to or comply with the policies, procedures or regulations of networks connected to the Service.
You agree that you will not use the Service, including the information provided herein, and all related equipment, networks, and network devices (including specifically Internet access) for any unlawful purpose. notre dame, in its sole and absolute discretion, will determine whether any information transmitted, collected or received violates this provision. You understand that Notre Dame has no obligation to monitor and does not pre-screen content. however, notre dame has the right (but not the obligation) to refuse to post or to remove any content, in whole or in part, that, in notre dame’s sole and absolute discretion, is objectionable or in violation of this agreement. You acknowledge that Notre Dame reserves the right to, and may, from time to time, monitor or access all information posted, transmitted, received or otherwise available through the Service, for operational and other purposes. You also agree and understand that Notre Dame may retain and disclose Content/Information if, in Notre Dame’s sole discretion, it is reasonably necessary to: (a) comply with the law; (b) enforce the terms of this Agreement; (c) respond to claims that a user has violated the rights of others; or (d) protect the interests, property, or safety of Notre Dame, its users, or others. use of the service constitutes consent to such tracking.
compensation
You agree to defend, indemnify and hold harmless the University of Notre Dame and its respective trustees, fellows, directors, officers, employees and agents from and against any claim, action, suit or proceeding, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use or misuse of the Service, including, without limitation, any content posted or transmitted by your use of the Service , your violation of the terms of service, or your infringement of any intellectual property rights of another.
exclusion of guarantees
Your use of the service is at your own risk. The service is provided “as is” and the University of Notre Dame expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. . Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. no advice or information, whether oral or written, obtained by you through the service will create any warranty. furthermore, there is no guarantee that the service will meet your requirements; be uninterrupted, timely, secure, accurate, or reliable.
limitation of liability
In no event shall the University of Notre Dame or its respective trustees, fellows, directors, officers, employees and agents be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in connection in any way with the use of this service or with the delay or inability to use this service, or for any information, software, products and services obtained through this service, or arising from the use of this service, whether based on contract, tort, strict liability or otherwise, even if notre dame has been advised of the possibility of damages. User specifically acknowledges and agrees that neither Notre Dame nor its respective trustees, fellows, directors, officers, employees, and agents shall be liable for any defamatory, offensive, or illegal conduct by any user of this Service.
termination of services
you agree that notre dame, in its sole discretion, may terminate your account (or any part thereof) or access to or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if notre dame believes, in its sole discretion, that you have violated or acted inconsistently with the terms of this policy. notre dame may also, in its sole discretion and at any time, discontinue the provision of the service, or any part thereof, with or without notice. you agree that any termination of your access to the service may be effected without notice, and you acknowledge and agree that notre dame may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or service. You further agree that Notre Dame shall not be liable to you or any third party for termination of your access to the Service. You may terminate your use of the Services at any time by notifying [email protected] Notre Dame reserves the right to terminate your access, without notice, for breach of any of the rules set forth in this Policy.
privacy statement
notre dame respects the privacy of users of the service. By using the Service, you may voluntarily provide Notre Dame with personal information. the information will be available to other users if you choose to allow others to see it.
modification
notre dame reserves the right to amend this policy and to modify, add or discontinue any aspect, content or feature of the service. such amendments, modifications, additions, or deletions will be effective upon notice thereof, which may be provided to you by posting on the service, by email, or by any other reasonable means. Your continued use of the Service will be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
general provisions
this policy constitutes the entire agreement between the user and notre dame regarding the use of the service and will govern the user’s use of the service, superseding any prior agreements between notre dame and the user. the user may also be subject to additional terms and conditions that may apply when using third party services, third party content or third party software. This Agreement shall be governed by the laws of the State of Indiana and shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Indiana. the failure of notre dame to exercise or enforce any right shall not constitute a waiver of such right or provision.