Terms of Use
Last Updated: September 18, 2006
By accessing and using the AmbassadorUniversity.com website ("Website") or any of its available features or services ("Services"), you are agreeing to the following Terms of Use. We encourage you to review the Terms of Use, along with the Privacy Policy (Privacy Statement), which is incorporated by reference, as they form a binding agreement between Quantum Shuffle and you. In addition, because Quantum Shuffle may revise these Terms of Use from time to time, at our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Website. Please note that the changes become effective immediately at the time of posting. Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. If you browsing through the Website and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. In addition, when using particular Services, you and Quantum Shuffle shall be subject to additional terms and any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If any terms contained in this Terms of Use conflict with any terms contained within such guidelines or rules, or the Additional Terms, then the terms in this Agreement shall control.
1. Registration and Membership.
A. Eligibility. By requesting a membership you are affirming that you meet all the below eligibility requirements. - THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD.
- You must have attended or worked at Ambassador College or Ambassador University for your registration request to be approved.
B. Your Information. When you register on the Website we may ask you to provide us with certain personal information about yourself including, without limitation, your name, location information, email or other electronic address (collectively, "Your Information") which is recorded in your Member Profile. Please review our Privacy Policy (Privacy Statement) for clarification on how we may use Your Information and other information that you may provide or submit while using the Website and our Services. You agree that any identity data submitted in Your Information will represent your real identity, including but not limited to historical identity information and current identity information. Requesting membership using identity data that is falsified or represent another individual may be considered as an attempt at identity theft and may be reported to the relevant law enforcement agencies. You agree that all Your Information that you provide to us or post on the Website is complete, accurate and up to date. If you fail to update Your Information or if all or part of Your Information is (or appears to be) untrue, inaccurate, or incomplete we may suspend or terminate your membership and refuse any and all current or future use of our Website and Services.
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Your Information, IP address and traffic information, usage history, and Content you have posted on the Website. Our right to disclose any such information shall govern over any terms of our Privacy Policy (Privacy Statement).
C. Your Password. During the registration process we will provide you with a unique user id. We will also ask you to create a password. Because any activities that occur under your user id or password are your responsibility it is important for you to keep your user id and password secure. Notify us immediately if you believe that someone else has used your registration or password. Your membership and password are only valid for your personal, non-commercial use of the Website. D. Communications. From time to time we will send you communications, in keeping with our Privacy Policy (Privacy Statement) and as otherwise permitted in these Terms of Use. Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of email Systems that may use filtering or blocking techniques that are intended to block email. Quantum Shuffle is not responsible for the actual delivery or your actual receipt of these communications. Without limiting any of the foregoing, you are responsible for ensuring that the email address you submit to the Website as part of your Member Profile and during the course of your membership is valid and that the services, software or systems you use to access your email ("email Systems") do not block or filter Website Communications. Please note that your work email may be subject to additional limitations placed on its use by your employer. We ask that you use your personal email address when registering as a member. If you choose to register with your work email, or use an email System that interferes with the delivery of Website Communications, we may not be able to provide you with certain Services.
2. Conduct of Members.
A. Community Member Guidelines. The Website contains areas that enable members of the community to communicate and share information, such as Membership Profiles and other areas where you may interact with other members through posting or sharing of content (collectively the "Communication Tools"). When you use the Communication Tools, you may have the opportunity to disclose, post, or otherwise upload to publicly accessible portions of the Website, or share with other members, information and other content, including but not limited to biographical information, photographs and stories (collectively, the "Content"). While we may provide you with these tools and opportunities, we also wish to remind you that you should choose carefully which information you post on the Website and that you provide to other members.
You are required to use the Communication Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post or send through the Website. We have established some Community Guidelines that we hope will increase your awareness of your responsibilities to others when using the Communication Tools and will enhance your enjoyment of our Website.
The following Community Guidelines apply to and govern your use of the Communication Tools: - Do contribute responsibly in the forums;
- Do treat others in the community with respect;
- Do let us know if you come across Content that you find offensive, possibly unlawful, or that you believe otherwise violates these Community Guidelines;
- Don't upload, post, email, transmit or otherwise make available ("Provide") any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Don't Provide any Content that encourages a criminal offense or violates the rights of any party;
- Don't impersonate anyone else or misrepresent your affiliation with a person or entity;
- Don't participate in any unauthorized or unsolicited promotions, advertising, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, or otherwise use the website for a commercial purpose;
- Don't violate any applicable local, state, national and international law or regulation;
- Don't provide any correspondence from Quantum Shuffle or another party without such party's permission;
- Don't interfere with, interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
- Don't harass others;
- Don't use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the member.
- Don't try to gain unauthorized access to the Website, other members' accounts, or computers connected to the Website; and
- Don't post telephone numbers, street addresses, last names, URLs or email addresses in Content that is accessible to others on the Website.
B. Conduct and Content Monitoring. We are not bound to actively monitor the message boards and other Communication Tools or the Content that is posted or provided through such tools, nor are we obligated to do so. And since we don't, and may not have the ability to, control or actively monitor the Content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to Content that you find offensive or objectionable. You may contact us to let us know of Content that you find objectionable. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating memberships. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove Content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Website that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for 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, access to, or denial of access to any Content. Quantum Shuffle moderates registration requests but cannot guarantee the identify of the individual connected to any Membership Profile on the system. Quantum Shuffle encourages you to use discretion when interacting with other members and not to rely on their ability to obtain a membership profile as a guarantee of their claimed identity. C. Usage of Member Data. Member data is provided for casual browsing, keeping up with friends and making contact with friends from the past. Any copying of data from the site is strictly prohibited. Using site tools or third party tools to aggregate, summarize or in any way analyze member data is strictly prohibitted. 3. Member Posted or Submitted Content.
When you participate in the Quantum Shuffle community you are granting Quantum Shuffle certain rights to use the Member Content you submit or post through the Website ("Member Content"). By submitting Member Content you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Member Content (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Member Content; Please remember that you are ultimately responsible for all Member Content that you provide and you warrant and represent that: (i) the Member Content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided in this Section 3, including without limitation, all necessary copyright and other related rights to the Member Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Member Content, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Member Content, including, without limit, any photograph you may provide. For purposes of appropriateness of content, Quantum Shuffle reserves the right to modify or remove any information on any part of the website, including user profiles (user profile fields are the way that members are able to post content on public site areas), for any reason. Such modifications do not require your approval or notification.
4. Property Rights.
The Website (and all of the material that it contains) is owned by Quantum Shuffle Online, Inc., or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Quantum Shuffle. In addition, the trademarks, logos and service marks displayed on the website are the property of Quantum Shuffle or its licensors. If you are aware of material on the Website that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described below.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of Quantum Shuffle or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.
5. Services, Content and Website Availability.
From time to time Quantum Shuffle may modify, suspend or discontinue any of the Services offered on our Website without notice to you. Quantum Shuffle shall not be liable to you for any modification, suspension or discontinuance of Services. Quantum Shuffle may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. Quantum Shuffle has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
6. Member Posted Events and Offers.
We may allow other registered members to arrange or publicize events or offers, including offers through our Website or via email. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the Member. You agree that Quantum Shuffle shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
7. Links on the Website.
While our Website may have links to the websites of other companies and parties, Quantum Shuffle has no control over those websites. Quantum Shuffle is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. Quantum Shuffle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
8. Membership Termination.
You may terminate your registration at any time by contacting us. If you have a dispute with us relating to the Website or the Services, you may cancel your registration or cease use of the Website. The cancellation of your membership or ceasing all use of our Website is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. From time to time certain members do not comply with the terms and conditions in the Terms of Use. If we determine, in our sole discretion, that you are not in compliance with the Terms of Use, we reserve the right to terminate your membership. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership and all related information and/or bar any further access to your membership or information.
9. Member Privacy.
Quantum Shuffle believes strongly in protecting the privacy of users of the Website and providing you with notice of our collection and use of data, including personally identifying information collected from the Website. Therefore, Quantum Shuffle has adopted a Privacy Policy (Privacy Statement), which is incorporated herein by reference, that you should read to fully understand how we collect and use information.
10. Copyright Infringement Reporting.
In compliance with the Digital Millennium Copyright Act ("DMCA"), Quantum Shuffle has established the procedure to address alleged copyright infringement on the Website. If you believe that your work has been copied and has been posted to this Website in a way that constitutes copyright infringement, you may provide Quantum Shuffle with notice of your complaint by following this Copyright Infringement Procedure (Copyright Infringement Reporting).
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUANTUM SHUFFLE DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND QUANTUM SHUFFLE MAKES NO WARRANTY THAT THE INFORMATION, INCLUDING MEMBER IDENTITY, ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. QUANTUM SHUFFLE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. LIMITATIONS OF LIABILITY.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. QUANTUM SHUFFLE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF QUANTUM SHUFFLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification.
You shall indemnify and hold harmless, and at Quantum Shuffle's request defend, Quantum Shuffle, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
14. CHOICE OF LAW & VENUE.
The Terms of Use, your access and use of the Website and Services and the relationship between you and Quantum Shuffle is governed by the laws of the State of Pennsylvania, without giving effect to its conflict of law provisions. Quantum Shuffle and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Pennsylvania. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, Quantum Shuffle shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Quantum Shuffle's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. COPYRIGHT AND TRADEMARK NOTICE.
Website and its Contents Copyright (c) Quantum Shuffle LLC. All rights reserved. Quantum Shuffle and all the brands of other Quantum Shuffle products and services shown herein are the trademarks or registered trademarks of Quantum Shuffle LLC. Other trademarks belong to their respective owners.
16. MISCELLANEOUS TERMS.
Our relationship is not one of agency or partnership and neither you nor Quantum Shuffle shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If Quantum Shuffle fails to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of Quantum Shuffle's successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, the Additional Terms below, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.
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