Limited License; Proprietary Rights in Web Site Content
The Web Site may be accessed only by authorized School administrators, faculty, staff, and students. The Web Site may also be accessed by parents of students, provided that their use is authorized under the Family Educational Right to Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 CFR Part 99, if applicable. All content on the Web Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Web Site Content”), are the property of Trinity School or its licensors with all rights reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Trinity’s prior written permission.
The trademarks contained within the Web Site: (a) are registered trademarks, service marks or trade dress of their respective owners in the United States and/or other countries; (b) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (c) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).
You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Web Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You agree to indemnify Trinity School against all damages, settlements, costs and expenses (including attorneys’ fees) resulting from any claims of infringement or claims of personal injury or violation of other propriety rights relating to materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Web Site.
In addition, you agree not to use the Web Site to:
Harvest or collect e-mail addresses or other contact information of other users from the Web Site by electronic or other means for any purpose;
Use the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site;
Use automated scripts to collect information from or otherwise interact with the Web Site;
Upload, post, transmit, share, store or otherwise make available any content that we deem in our sole determination to be harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, sexually explicit, sexually suggestive, fraudulent, invasive of privacy or publicity rights, hateful, racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with Trinity School or any person or entity;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, transmit, share, store or otherwise make publicly available on the Web Site any of your own sensitive information, including, without limitation, address, phone number, e-mail address, Social Security numbers, credit card number or sexual behavior;
Upload, post, transmit, share, store or otherwise make publicly available on the Web Site any private or sensitive information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, sexual behavior or sexual orientation;
Solicit personal or sensitive information from anyone under eighteen (18) years of age, or solicit passwords, sensitive information or personally identifying information for commercial, objectionable or unlawful purposes;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Web Site;
Intimidate, annoy or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another’s account without authorization from the School or create a false identity on the Web Site;
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Trinity School, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Trinity School or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by all School codes of conduct when using the Web Site. Should you violate any of the above prohibitions, the limited license granted to you herein shall be immediately terminated and you must indemnify Trinity for any damages caused by your actions.
User Content Posted on the Web Site
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Web Site, or transmit to or share with other users (collectively, the “User Content”). You may not post, transmit, or share User Content on the Web Site that you did not create or that you do not have a license or permission to post. You understand and agree that the School may, but is not obligated to, review the Web Site and may delete or remove without notice any Web Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the School violates this Agreement or any School code of conduct. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Web Site or provide to the School.
When you post User Content to the Web Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Web Site. By posting User Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to the School an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Web Site any materials that violate another party’s intellectual property rights. We do not routinely audit posted materials for intellectual property infringement. As such, if you have a good faith belief that any posting on the Web Site infringes your intellectual property rights, submit the following infringement notice to us at Trinity School by e-mail [email protected], phone (212) 932-6801 or Trinity School, 139 West 91st Street, NYC, NY 10024
Notice of Claimed Infringement
Sine Charta Administrator
139 West 91st Street
New York, NY 10024
I, the undersigned, state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights (“IP Owner”). I have a good faith belief that the following materials on your Web Site are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights. These materials consist of:
[DESCRIPTION OF ALLEGEDLY INFRINGING MATERIALS]
The information in this notice is accurate. I can be contacted at:
Name of IP Owner:
Name and title of person alleging infringement:
City, State, and Zip:
When we receive the foregoing completed notification of alleged infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Trinity School has adopted a policy of terminating, in appropriate circumstances and at Trinity’s sole discretion, access by users who are deemed to be repeat infringers. Trinity may also at its sole discretion limit access to the Web Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Web Sites, Partner Systems and Content
The Web Site contains links, or you may be sent through the Web Site, to other Web Sites (“Third Party Web Sites”) or third party service providers (“Partners”) who operate Web Sites or other systems in conjunction with the Web Site (“Partner Systems”), which contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Content”). We do not investigate, monitor or check Third Party Web Sites, Partner Systems or Third Party Content for accuracy, appropriateness, completeness, offensiveness, opinions, reliability, privacy practices or other policies. As such, you agree that Trinity School shall not be responsible for any Third Party Web Sites, Partner Systems or Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Web Site, Partner System or any Third Party Content does not imply approval or endorsement thereof by Trinity School. If you decide to leave the Web Site and access any Third Party Web Site or Partner System, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web Site or system to which you navigate from the Web Site or which you use.
Trinity School is not responsible or liable in any manner for any User Content, Third Party Web Sites, Partner Systems or Third Party Content. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Web Site, and we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Web Site or in connection with any User Content, Third Party Web Sites, Partner Systems or Third Party Content. Trinity School is not responsible for the conduct, whether online or offline, of any user of the Web Site.
The Web Site may be temporarily unavailable from time to time for maintenance or other reasons. Trinity School assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Trinity is not responsible for any technical malfunction or other problems of any network, Web Site, computer system, software, e-mail, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Web Site. Under no circumstances will Trinity School be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Web Site, any User Content, Third Party Web Sites, Partner Systems or Third Party Content posted on or through the Web Site or transmitted to users, or any interactions between users of the Web Site, whether online or offline.
THE WEB SITE IS PROVIDED “AS-IS” AND TRINITY SCHOOL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USER’S PURPOSE, SYSTEM INTEGRATION, NONINFRINGEMENT, SECURITY, NONINTERFERENCE, TITLE, AND/OR ACCURACY. TRINITY SCHOOL DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE. TRINITY SCHOOL DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEB SITE, THE WEB SITE ITSELF OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEB SITE, ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO BLOCK, DETECT, AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEB SITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Trinity School reserves the right to change any and all content, software, and other items used in, contained in or linked through the Web Site at any time without notice. Reference to any products, Web Sites, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Trinity.
Limitation of Liability
IN NO EVENT WILL TRINITY SCHOOL OR ITS TRUSTEES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE, ANY APPLICATIONS OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEB SITE, EVEN IF TRINITY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRINTY’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRINITY SCHOOL FOR USE OF THE WEB SITE, BUT IN NO CASE WILL TRINITY’S LIABILITY TO YOU EXCEED US$100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO TRINITY FOR YOUR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TRINITY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Web Site (“Submissions”), provided by you to Trinity are non-confidential and shall become the sole property of Trinity. Trinity shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Web Site may also use “cookies”, which are text packets sent by the server to a user’s web browser and then sent back unchanged by the user’s browser each time it accesses that server. Cookies are used for authenticating, tracking, and maintaining specific information about users, such as site preferences. No personally identifiable information is exchanged via cookies. We may use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Web Site. You can remove or block this cookie using the settings in your browser if you want to disable this feature.
If you register or input personally identifiable information to the Web Site, you will not be anonymous to us. The School or its Partners may request your e-mail address or mailing address on some of the forms contained on the Web Site in order to communicate with you, and your provision of such information constitutes your agreement to allow the School and its Partners to contact you. We may also monitor and aggregate data regarding search terms entered into the Web Site.
When you use the Web Site, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, download files, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
If you post user content to the Web Site, such as profiles, messages, notes, text, information, images, photos, listings, and other content that you upload, publish or display through the Web Site, or transmit to or share with other users, you do so at your own risk. Trinity School cannot control the actions of other users, so we do not guarantee that your user content will not be viewed by unauthorized users. You agree that Trinity School shall not be responsible for circumvention of any privacy settings or security measures contained on the Web Site. You understand and acknowledge that, even after removal, copies of your user content may remain viewable in cached and archived pages, or if other users have copied or stored your user content. Any improper collection or misuse of information provided on the Web Site is a violation of the Trinity School Terms of Service, and should be reported to [email protected]. By using the Web Site, you are consenting to have your personal data transferred to and processed in the United States.