Terms and conditions of website use. (Updated October 2015.)
This Website is provided by Kappa Delta Sorority and its affiliates. Your use of this Website is subject to these Terms and Conditions of Website Use (the “User Agreement”). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
Please note: Your use of this website constitutes your agreement to be bound by and comply with all of the terms of this user agreement. If you do not agree to all of the terms of this user agreement, then you are hereby instructed not to access or utilize this website.
1. Right to Use this Website
Kappa Delta Sorority grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Kappa Delta Sorority, and its products and services, and similar items from our business partners, licensor’s, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Kappa Delta Sorority and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
All Content, except for User-Generated Content (defined in Section 7 below) is copyrighted, and it is either owned or used with permission by Kappa Delta Sorority. Kappa Delta Sorority disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Kappa Delta Sorority.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Kappa Delta Sorority respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owned by Kappa Delta Sorority and third parties, and this Website’s trade dress is owned by Kappa Delta Sorority (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by Kappa Delta Sorority are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
4. Your Communications to Kappa Delta Sorority; Kappa Delta Sorority Rights to Your Submissions
Kappa Delta Sorority likes to hear from you. However, keep in mind that any submissions and any questions, comments, answers, suggestions, or the like submitted by you to Kappa Delta Sorority via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Your Submissions”) will be treated as non-confidential and non-proprietary, and Kappa Delta Sorority will not assume any responsibility, obligation, or liability for them or for Kappa Delta Sorority’s receipt or non-receipt of them. Kappa Delta Sorority’s receipt of Your Submissions is not an admission by Kappa Delta Sorority of their novelty, priority, or originality, and it does not impair Kappa Delta Sorority’s right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Kappa Delta Sorority a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Kappa Delta Sorority in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Online Shopping
This Website may offer online capabilities to purchase products. You must be 18 years of age or older to make any such purchases. Check our online store for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products.
No Purchases by Minors By ordering a product online from Kappa Delta Sorority, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product from Kappa Delta Sorority without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products from Kappa Delta Sorority. B. Shipping and Processing; Insurance You are also responsible for paying all shipping and processing charges relating to your online purchases and for insuring your purchases. C. Returns and Warranties Please review the information available at our online store regarding our return policies and warranty information.
6. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
7. User Generated Content
Kappa Delta Sorority may elect to offer visitors the opportunity to post, upload or otherwise make available materials to this Website intended for public view, including without limitation, photographs and ratings and reviews, (“User-Generated Content”). In such events, Kappa Delta Sorority will not assume any obligation to monitor, filter, censor, edit, or regulate the User-
Generated Content on this Website, although Kappa Delta Sorority reserves the right (but does not assume any obligation), in its sole discretion, to do so and to refuse to post User-Generated Content, or to remove, change, condense, delete, or revise any User Generated Content that Kappa Delta Sorority deems to violate its posting guidelines or this User Agreement. Kappa Delta Sorority does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User-Generated Content, or represent or make any representations or warranties regarding the accuracy or propriety of User-Generated Content. All User-Generated Content on this Website is presented on an “AS-IS” basis.
By posting, uploading, or otherwise making available to Kappa Delta Sorority any User-Generated Content, you represent and warrant that; (a) you are at least 18 years old; (b) you are the sole author and owner of the intellectual property rights thereto, or have a lawful right to submit, display, upload or post such User-Generated content without the consent of any third party; (c) all “moral rights” that you may have in such User-Generated Content have been voluntarily waived by you; (d) all such User-Generated Content is accurate; and (e) such User-Generated Content shall not violate this User Agreement, any guidelines outlined on the Website in connection, or cause injury or harm to any person. You also agree not to post, upload or otherwise make available to this Website User Generated Content that: (A) is false, deceptive, misleading, or deceitful, or for which you were compensated or granted any consideration by any third party; (B) is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, pornographic, invasive of another’s privacy, racially or religiously biased or offensive, or otherwise improper or objectionable content, (C) includes any personally identifiable information about another person without that person’s consent; (D) infringes another party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (E) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or encourages conduct that constitutes a criminal offense or results in civil liability; (F) includes links to commercial services or websites, promotes any commercial activity, or includes the name of any entity other than Kappa Delta Sorority and/or any references to such entities’ products or services; (G) contains any viruses, worms, bots, Trojan horses or other potentially damaging computer programs, malware or files.
You shall be solely responsible and liable for your User-Generated Content, as well as any activity or transactions that occur under your user name or any account or registration, any infringement by your User-Generated Content of the copyright, trademarks or other proprietary rights of Kappa Delta Sorority or any third party, and any other harm resulting from your User-Generated Content or the use of your account or registration.
You grant Kappa Delta Sorority a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User-Generated Content throughout the world in any and all media.
Kappa Delta Sorority reserves the right, in its sole discretion, to adopt additional posting guidelines or rules and to change or modify the guidelines or rules at any time.
8. Investigations; Cooperation with Law Enforcement; Termination
Kappa Delta Sorority reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
9. Privacy and Security Measures
10. Disclaimers and Limitations of Liability
This website may include technical inaccuracies or other errors, and your use and browsing of this website is at your risk. This website is provided to you “as is” and “as available”, without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, KAPPA DELTA SORORITY does not warrant that this website will meet your requirements or achieve a particular result, or that your use of this website will be uninterrupted or error-free, or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or the material contained on this website results in your need to service or replace any property, material, equipment, data, or other item, then KAPPA DELTA SORORITY will not be liable for those costs. Without limiting the generality of the foregoing sentences, KAPPA DELTA SORORITY will not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your use of this website. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this website to you. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as the links and related content on your site do not portray Kappa Delta Sorority in a false, misleading, derogatory, or otherwise offensive matter.
12. Links on this Website to and from Other Sites
13. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Kappa Delta Sorority disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement
Kappa Delta Sorority will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: i. a legend or subject line that says: “DMCA Copyright Infringement Notice”; ii. a description of the copyrighted work that you claim has been infringed; iii. the URL of the site and a description of where the material that you claim is infringing is located on that site; iv. your address, telephone number, and e-mail address; v. a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; vi. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, vii. your electronic or physical signature.
Kappa Delta Sorority will only receive DMCA notices by mail, or e-mail at the addresses below:
By Mail: Kappa Delta Sorority National Headquarters 3205 Players Lane Memphis, TN 38125 By E-Mail: firstname.lastname@example.org
Kappa Delta Sorority may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Kappa Delta Sorority may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Kappa Delta Sorority at 901-748-1897.
You agree to indemnify, defend, and hold harmless Kappa Delta Sorority (which includes Kappa Delta Sorority’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensor’s, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
Kappa Delta Sorority may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Kappa Delta Sorority may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Kappa Delta Sorority controls and operates this Website from its headquarters in Memphis, Tennessee in the United States of America, and Kappa Delta Sorority makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Kappa Delta Sorority will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Memphis, Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Kappa Delta Sorority relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Shelby County, Tennessee. Accordingly, you consent to the personal jurisdiction of the courts in Shelby County, Tennessee with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Kappa Delta Sorority to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Kappa Delta Sorority’s operations, and/or Kappa Delta Sorority’s products or services caused by your act or failure to act.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
© 2015 Kappa Delta Sorority. All Rights Reserved.