STUDIES IN CATHOLIC FAITH AND CULTURE PROGRAM at the UNIVERSITY OF DALLAS

TERMS OF SERVICE AND CONDITIONS FOR USE

 

Welcome to the University of Dallas Studies in Catholic Faith and Culture Program website (“the Site”). The terms and conditions of your use of the Site are described below. These terms and conditions may be updated or changed without notice to you.  By virtue of your use of the Site you consent to be bound by these Terms and Conditions:

 

1. DESCRIPTION OF SERVICES

The University of Dallas Studies in Catholic Faith and Culture Program (UDFCP) currently provides its users with access to a wide variety of online resources in the form of videos and curricula to form minds, inspire hearts and help build communities of learners among alumni and friends of the University of Dallas (“the Services”). In order to participate in certain Services provided by us, it may be necessary to register. In all instances when you register for Service on the Site, you will: (1) provide current, complete, and accurate information about yourself as prompted to do so by the registration form; and (2) maintain and update such registration information as required to keep such information current, complete and accurate. If any registration data that you provide is untrue, inaccurate, not current or incomplete, we may terminate your account and rights to use our services or conduct transactions on the Site.

 

2. INTELLECTUAL PROPERTY RIGHTS

The Site and all intellectual property rights included in or related to the Site(s) (including but not limited to copyrights, trademarks and service marks, as well as text, graphics, software and all codes and scripts in any format used to implement the Site) are owned or licensed by UDFCP, and all right, title and interest in the Site and such intellectual property rights remain the exclusive property of UDFCP. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content is licensed from third parties and all such third-party content and all intellectual property rights related to such content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. If you download material displayed, you must retain all copyright and other proprietary notices displayed on the materials.

 

3. INFORMATION POSTED ON THIS SITE.

Although we make every conscientious effort to research and qualify all content posted to the Site, we are not liable for any information posted on the Site, including but not limited to any information posted about you. We reserve the right to take any action that we believe is appropriate in our sole discretion with respect to information posted on the Site, including but not limited to termination of your right of use. However, we cannot, nor do we, control the information provided by users or content providers which is made available through the Site. By its very nature, other people’s information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.

 

4. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

 

5. TERMINATION AND MODIFICATION

Without limiting other remedies, we may immediately, without notice, temporarily suspend, indefinitely suspend, or terminate any or all of your rights of use if you breach any term or condition of this Agreement (or the documents it incorporates by reference), or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause liability for you, our users or us. UDFCP may also, in its sole discretion discontinue providing its Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under these Terms and Conditions may be effected without notice of any kind and that UDFCP may delete or deactivate any account that you may have and all related files in that account and/or bar any further access to such files or Services. You agree that UDFCP shall not be liable or responsible to you or any third party for any termination of your access to the Services or account termination. UDFCP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part thereof without notice of any kind. You agree that UDFCP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

6. USER NAMES, PASSWORDS AND SECURITY

For some features of the Site you will be asked to create a username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify UDFCP (faithandculture@udallas.edu) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UDFCP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

 

7. PRIVACY

Registration data and certain other information about you is subject to our privacy policy. For more information, see our privacy policy by clicking here.  

 

8. OUR RELATIONSHIP

The Site is only a site for educational activities. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This is an agreement between you and UDFCP and is not intended to be for the benefit of any third party.

 

9. NOTICES

Except as explicitly stated otherwise or required by law, you shall provide any notices to UDFCP by e-mail message to the UDFCP webmaster. UDFCP  shall provide any notices to you by e-mail message to the e-mail address you provided during your registration. E-mail notices will be deemed given within 12 hours after being sent.

 

10. GOVERNING LAW

The Site (excluding unaffiliated linked sites) is operated by an Internet Hosting Agency of our choosing, based in the United States of America. It can be accessed from around the world. As each of these jurisdictions has laws that may differ from those of our Hosting Agency, by accessing the Site, you agree that this Agreement and your use of the Site shall be governed in all respects by the internal substantive laws of the State of Texas, without regard to conflict of laws provisions. UDFCP makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

11. DISCLAIMER OF WARRANTIES

You expressly agree and understand that:

You use this Site at your own risk. The Services are provided on an “as is” and “as available” basis. Any material downloaded or otherwise obtained through your use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. UDFCP disclaims any and all warranties or conditions of any kind, express, implied or statutory. UDFCP and its principles have not made and specifically disclaim, and you have not received, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. UDFCP does not warrant or represent that the content on the Site or the materials, information or functions made accessible or usable at any particular time or for any breach of security associated with the transmission of sensitive information through the Site or any linked website. UDFCP also does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interrupted or interfered with by numerous factors outside UDFCP’s control.

 

12. INDEMNIFICATION

You agree to indemnify, defend and hold the University of Dallas and its officers, trustees, directors, members, employees and agents (individually “Indemnified Party”, collectively “Indemnified Parties”) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site, your breach of any provision of this Agreement and/or any wrongdoing by you. Any such indemnification shall be conditioned on the Indemnified Party’s: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. Any Indemnified Party shall be entitled to participate in such defense at its own cost and expense. UDFCP reserves the right to report any wrongdoing, if UDFCP becomes aware of it, to the applicable government agencies or otherwise.

 

13. LIMITATION OF LIABILITY

UDFCP’s contracts with certain suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. UDFCP will have no liability, whatsoever, for the unavailability of the Site caused by a supplier’s performance or lack of performance of the maintenance work to keep the Site operable. UDFCP will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, or service interruptions caused by UDFCP, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site. In no event shall UDFCP or its suppliers be liable for any indirect, consequential, incidental, special, punitive or exemplary damages of any kind or nature whatsoever, or for any loss of profits or revenue, regardless of whether UDFCP knew or should have known of the possibility of such damages arising out of the Site, UDFCP’s Services or this Agreement however arising, including contract negligence, strict liability or otherwise. The limitations of liability provided in this Agreement inure to the benefit of UDFCP, its officers, trustees, directors, shareholders, members, employees and agents.

 

14. SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

15. UNIFORM DISCLOSURE STATEMENT

The University of Dallas is a §501(c)(3) organization, gifts to which are deductible as charitable contributions for federal income tax purposes.