Ability to accept the Terms of Use: The Terms of Use form a legally binding contract between the user and Marquette University Student Media. By using any of the websites affiliated with Student Media – marquettetribune.org, marquettejournal.org, mutv.mu.edu, marquetteradio.org, marquetteadvertising.org and marquettewire.org – you affirm that you’re more than 18 years old, have parental/guardian consent or are an emancipated minor and are thus fully able to enter into the terms and conditions laid out in this Agreement.
Changes to Terms of Use: Student Media may modify the Terms of Use, or any part of it, at any time with modifications, additions or deletions being effective upon posting of the modified Agreement. Your use of the Student Media websites after the posting of the modified Agreement constitutes your acceptance of such changes.
Accounts: You may need to create an account to use some features of Student Media’s websites. You must provide complete and accurate information. Student Media will use the information you provide in accordance with the Marquette University Student Media Privacy Policy. Impersonating another person on our websites is strictly forbidden. You are entirely responsible for the activity that occurs on your account (including liability for any harm caused by statements made or material posted under your account).
Copyright: Everything on our used in connection with Student Media’s websites, including but not limited to text, video, audio, images, logos and graphics (collectively, “Content”) with the exception of User-Generated Content (as defined below), is copyrighted as a collective work under the United States copyright laws. This means you cannot use the Content without Student Media’s permission. You may download copyrighted material for your personal use, only.
Community Guidelines and User Generated Content:
Comments: Student Media websites may provide the user the ability to voice their opinions through comments sections, discussion forums, bulletin boards or other interactive features. You may upload text, video, photos and messages. You are forbidden to upload or share anything on the websites – including but not limited to photos, messages, videos and text – that you do not have a right to use and share on the Internet.
User Generated Content: If you post or upload any User Generated Content on our websites, you will still remain the owner of said content but you are giving us the right to use your User Generated Content in any way we deem fit, in any medium without getting your permission or having to pay you for it.
Community Guidelines: When submitting any kind of Comment or User Generated Content, you agree
- That you are the original author/creator of the User Generated Content or Comment and/or have full copyright, title and interest in and to any User Generated Content. You also agree you have the full power and authority to share the User Generated Content or Comment on the websites.
- That you will not publish falsehoods or misrepresentations that could damage Student Media or any third party.
- That you will not post or upload any material that is obscene, threatening, harassing, racially or ethnically offensive, hateful, marginalizes minorities, or encourages conduct that would be considered a criminal offense.
- That you will not upload, post or share any material that contains or advocates pornography, pedophilia, incest or that is otherwise considered obscene by Student Media.
- That you agree to not upload, post or share any material that is not relevant to the discussion or theme of any comments sections, discussion forums, bulletin boards, interactive features or User Generated Content stories.
- That you agree not to interfere with or disrupt any of Student Media’s websites, servers or networks connected to the sites, or disobey any regulations, requirements, policies or procedures connected to the sites.
- That you have the consent of every identifiable natural person in any submission to use such person name or likeness, if necessary, in the manner contemplated by Student Media.
Screening and Removal of User Generated Content: You acknowledge that Student Media has the right – but not the obligation – in our sole discretion to move, remove, block, edit or refuse any User Generated Content for any reason. We cannot and do not monitor or manage all User Generated Content or Comments. We do not promise the accuracy, integrity or quality of any such material, nor do we endorse it in any manner.
Third Party Sites: Our websites may allow you to link to third-party websites. These sites do not belong to us, therefore we have no control over and assume no responsibility for their content, privacy policies or practices. By using our websites you expressly relieve us from any and all liability arising from your use of third-party websites linked to our sites.
Limitation of Liability: In no event shall Student Media, its officers, directors, employees, shareholders, representatives, Operational Service Providers, affiliates or agents be liable to you for any direct, indirect, incidental special, punitive, or consequential damages whatsoever resulting from any (a) mistakes, or inaccuracies of content on the Websites, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Websites, (c) any unauthorized access to or use of our secure servers and/or any and all non-secured Personal Information (d) any interruption or the cessation of transmission to or from the websites, (e) any bugs, viruses, spam ware, Trojan horses, or the like, which may be transmitted to or through the websites by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the websites, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Indemnification: You agree to defend, indemnify and hold harmless Student Media, its directors, officers and employees from and against all claims and expenses, including attorneys’ fees, arising out of the of the sites by you or your account.
Your Copyrighted Work: If you believe in good faith that your copyrighted work has been reproduced on any of our Websites without authorization in a manner that qualifies as copyright infringement, you may notify our designated agent:
Steve Byers
Marquette University – Student Media
1131 W. Wisconsin Ave.
Milwaukee, WI 53233
Email: [email protected]
Phone: (414) 288-5772
The notice must have the following information as provided by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Statue of Limitations: You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of our websites or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
Warranty Disclaimer: Student Media makes no warranties or representations about the accuracy or completeness of the Websites, and assumes to the maximum extent permissible by law no liability or responsibility for any (a) errors, mistakes, or inaccuracies on the Websites, (b) personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Websites, (c) unauthorized access to or use of our secure servers and/or any and all Personal Information that is not submitted using a secured transmission, (d) interruption or the cessation of transmission to or from our Websites, (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Websites by any third-party, and/or (f) errors or omissions on our Websites or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Websites. Student Media does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Websites or any hyperlinked website or feature in any banner or other advertising, and Student Media will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.