MSUACGNY Terms of Service
1. Acceptance of Terms. Welcome to msuspartansnyc.org. The Michigan State University Alumni Club of Greater New York (“MSUACGNY”) provides this website and associated services (together, the “Service”) to you subject these Terms of Service, as amended from time to time (“TOS”). You agree to use the Service only as permitted herein. You acknowledge that MSUACGNY may update the TOS from time to time without notice, and you accept sole responsibility for familiarizing yourself with, and abiding by, the TOS and any such updates. Your use of the Service constitutes your agreement to the terms of the TOS.
2. Prohibited Conduct. You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a MSUACGNY employee, chapter leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” (as those terms are commonly understood) or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy, which is incorporated herein by reference and made part of the TOS;
(h) upload, post, email, transmit 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 any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to use the web site;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) “stalk” or otherwise harass another; and/or
(n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
MSUACGNY reserves the right, in its sole discretion, to pre-screen, refuse, or remove Content but shall have no obligation to do so. Without limiting the foregoing, MSUACGNY and its designees shall have the right to remove any Content that violates applicable law or the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and that MSUACGNY shall have no responsibility for any Content originating with you or any third party, regardless of whether MSUACGNY has pre-screened such Content. You also acknowledge that using the Service may expose you to unsolicited Content since, as a practical matter, MSUACGNY cannot pre-screen all Content. MSUACGNY expressly disclaims any liability to you or to any third party arising out of or relating to the Content.
(a) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials available through or accessible via the Service, hereinafter “Content”, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not the MSUACGNY, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The MSUACGNY does not control the Content posted via the Service and, therefore, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the MSUACGNY be liable in any way for damages arising from exposure to or use of any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
(b) With respect to Content you submit or make available for inclusion on publicly accessible areas of www.MSUACGNY.org, you grant to the MSUACGNY a perpetual, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service.
“Publicly accessible” areas of the Service are those areas of the MSUACGNY website that are intended by the MSUACGNY to be available to the general public.
4. Disclaimer of Warranties; Limitation of Liability; Indemnity.
(a) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
(b) MSUACGNY and its affiliates, officers, agents and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for lost profits, goodwill and reputation, use, data or other intangible losses resulting from (i) your use of or inability to use the Service; (ii) unauthorized access to or alteration of your transmission(s) or data; (iii) acts or omissions of any third party; or (iv) any other matter relating to the Service.
(c) MSUACGNY makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
(d) You agree to indemnify and hold the MSUACGNY and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
5. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. General Practices Regarding Use and Storage. You acknowledge that MSUACGNY may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MSUACGNY’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MSUACGNY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MSUACGNY reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the MSUACGNY reserves the right to modify these general practices and limits from time to time.
7. Modifications to Service. MSUACGNY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the MSUACGNY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Termination. You agree that the MSUACGNY may, in its sole discretion and without prior notice, immediately terminate the your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. You agree that all terminations for cause shall be made in MSUACGNY’s sole discretion and that the MSUACGNY shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
9. Passwords and Account Information. In the event that you receive any password or account information pertaining to your use of the Service, you agree to maintain the confidentiality of such password and account information and you agree that you shall be solely responsible for any use of such information, whether authorized or unauthorized and that MSUACGNY shall not be responsible for any such use. You agree to notify MSUACGNY promptly of any unauthorized use of your password and/or account information.
10. Miscellaneous. The TOS, as amended from time to time, and any associated MSUACGNY policies, constitute the entire agreement between you and MSUACGNY. The TOS shall be governed by the laws of the State of New York without regard to its choice of law rules, and you agree that all actions and proceedings arising out of or relating to the Service or the TOS will be heard and determined in any New York state or federal court sitting in New York. You agree to submit to the personal and exclusive jurisdiction of such courts.
Michigan State University Alumni Club of Greater New York Website
How We Collect Information About You
Information You Voluntarily Provide:
The MSUACGNY collects and maintains certain personal information about you when you subscribe to our online newsletter or sign-up to attend one of our events. Such information includes your name and e-mail address, and may include your mailing address and phone number. You may be asked to provide credit card information to contribute to the MSUACGNY, purchase certain materials from the MSUACGNY, or attend an event hosted by the MSUACGNY.
www.msuspartansnyc.org also collects certain other information that cannot identify you personally when you visit our web site. This information includes your IP address and your domain name. www.msuspartansnyc.org logs these IP addresses and domain names, and aggregates them for system administration and to monitor the use of our site. We use the aggregated information to measure the number of visits to our site, the average time spent on our site, the number of pages viewed, and various other site statistics. This monitoring helps us to provide a more useful and engaging online experience to www.msuspartansnyc.org visitors, and helps us to improve the quality of our content.
Ways Information About You Is Used
We may use the information you voluntarily provided to contact you regarding issues we feel you may be interested in, to keep you updated regarding the MSUACGNY’s programs, and to extend an invitation to you to support our programs. Every recipient of our electronic communications can quickly and easily “opt out” of future such communications by following the instructions on any electronic communication we send. You may also unsubscribe at any time in every issue of our newsletters.
We will not make your personal information available to any other organizations. If your volunteered personal information will be used in any manner other than as stated above, such use shall be specifically posted. If you wish to update or remove your information, or if you do not wish your, please contact us.
The MSUACGNY may link to other web sites not affiliated with the MSUACGNY. The MSUACGNY attempts to link only to those web sites which also respect a visitor’s privacy and the goals of the MSUACGNY. However, the MSUACGNY cannot be responsible for the content or policies of third-party web sites. Please check with these third-party organizations or companies for their specific privacy policies. If you find inoperable links or are concerned about any of the sites that the MSUACGNY currently links to, please inform the MSUACGNY by contacting us.
The MSUACGNY uses generally accepted, industry-standard security systems, software, and encryption technologies to protect against unauthorized access to the MSUACGNY servers, equipment, and other components of our online presence. [This includes using industry-standard security systems to protect credit card processing information.]
Contacting the MSUACGNY