TAMSalumni.org Terms of Use & Copyright Information

General Information

The Terms constitute the entire agreement between each user and TAMSalumni.org and govern each user’s use of the TAMSalumni.org sites, superseding any prior agreements.  Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.  The Terms and the relationship between each user and TAMSalumni.org shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 

Acceptance of Terms

TAMSalumni.org provides information and services to the user conditioned upon the user’s acceptance without modification of the terms and conditions of use (“Terms”) contained herein.  The use of TAMSalumni.org sites constitutes agreement with such Terms. 

TAMSalumni.org reserves the right to modify these Terms.  Such changes will be effective immediately upon posting to the site.  The user’s continued use of TAMSalumni.org sites following the Terms changes implies acceptance of the said changes.

The user warrants to TAMSalumni.org that they will not use TAMSalumni.org sites or any of the content obtained therein for any purpose that is unlawful or prohibited by these Terms.  Violation of these terms results in automatic termination of the user’s permission to use TAMSalumni.org sites.

 The user agrees not to sell, resell or offer for any commercial purposes, any portion of, use of or access to TAMSalumni.org sites.

Content

TAMSalumni.org sites are owned and operated by TAMSalumni.org for the purpose of supporting the interests of the alumni of Texas Academy of Math and Science (the “Purpose”).

 TAMSalumni.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, some or all of TAMSalumni.org sites.  TAMSalumni.org shall not be liable to any user or other third party for any such modification, suspension or discontinuance.

All information, data, text, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.  Thus, the user, and not TAMSalumni.org, is entirely responsible for all Content that he or she uploads, posts, emails, or otherwise transmits via TAMSalumni.org sites.  No user shall transmit Content or otherwise conduct or participate in any activities on TAMSalumni.org sites that, in the judgment of TAMSalumni.org, are likely to be prohibited by law in any applicable jurisdiction, including but  not limited to laws governing the transmission of obscenity or the permissible uses of intellectual property.

TAMSalumni.org reserves the right to refuse or delete any Content it reasonably deems not to fulfill the Purpose, to violate the Terms or be otherwise illegal.  TAMSalumni.org may preserve Content and may also disclose Content if required by law or judicial or governmental mandate or as reasonably determined useful by TAMSalumni.org to protect the rights, property, or personal safety of TAMSalumni.org users and the public.  TAMSalumni.org does not guarantee the accuracy, integrity or quality of its Content and under no circumstances will be liable in any way for any Content, including but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via TAMSalumni.org sites.

The user may be exposed to Content that is offensive, indecent or objectionable. It is the user’s responsibility to evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Licensing and Other Terms Applying to Content Posted on TAMSalumni.org

Text or data entered into and stored by publicly-accessible site features (e.g., articles, comments) is subject to the Creative Commons Attribution – Share Alike copyright.

While TAMSalumni.org will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, TAMSalumni.org has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any TAMSalumni.org site.

Account Status

TAMSalumni.org may terminate a user’s access for any reason.  TAMSalumni.org is especially likely to terminate for reasons that include, but are not limited to, the following:

  1. violation of these Terms
  2. abuse of site resources or attempt to gain unauthorized entry to the site or site resources
  3. use of TAMSalumni.org in a manner inconsistent with the Purpose
  4. as required by law, regulation, court or governing agency order

TAMSalumni.org’s termination of any user’s access to any or all TAMSalumni.org sites may be effected without notice and, on such termination, TAMSalumni.org may immediately deactivate or delete the user’s posted Content and/or ban any further access to such files.  TAMSalumni.org shall not be liable to any user or other third party for any termination of that user’s access or account hereunder.  TAMSalumni.org reserves the right to delete, or not delete, a user’s access as well Content.

Links

TAMSalumni.org or a third party may provide links to other websites.  TAMSalumni.org exercises no control over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon.  TAMSalumni.org shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.  The user’s access and use of linked websites, including information, material, products and services therein, is solely at the user’s own risk.

The TAMSalumni.org Privacy Statement is applicable only on an TAMSalumni.org site.  The user should read the privacy statement on a linked-to website before disclosing any personal information there.

RSS Feeds

TAMSalumni.org may offer an RSS feed as a free service to individuals for private, non-commercial use. All other uses are prohibited, including placing advertising into, around, or targeted towards the TAMSalumni.org RSS content. You must use any RSS feeds as provided by TAMSalumni.org, and you may not edit or modify the text, content or links supplied by TAMSalumni.org.

Any TAMSalumni.org RSS service may be used only on platforms that include a functional link such that, when clicked, takes the viewer directly to the TAMSalumni.org site. You may not display TAMSalumni.org’s RSS content in a way that prevents successful linking to, redirection to or delivery of the applicable TAMSalumni.org web page. You may not insert any intermediate or other page, or any other content, between the RSS link and the appropriate TAMSalumni.org web page.

TAMSalumni.org retains all ownership and other rights in the RSS content, as well as all TAMSalumni.org logos and trademarks used in connection with TAMSalumni.org’s RSS content. You must provide attribution to TAMSalumni.org in connection with your use of TAMSalumni.org’s RSS feeds. If you provide this attribution using a graphic, you must use the official TAMSalumni.org logo.

TAMSalumni.org reserves the right to discontinue providing RSS feeds at any time and to require you to cease displaying, distributing or otherwise using the TAMSalumni.org RSS feed for any reason. TAMSalumni.org expressly disclaims all liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.

Indemnity

Each user shall indemnify, defend and hold harmless TAMSalumni.org and its respective officers and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorney’s fees, made by any third party due to or arising out of that user’s acts or missions, including claims arising out of that user’s use of TAMSalumni.org, his or her submission, posting or transmission of Content or his or her violation of the Terms.

Disclaimer

Each user’s use of TAMSalumni.org is at his or her sole risk.  TAMSalumni.org sites are provided on an “as is” and “as available” basis and TAMSalumni.org assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.  Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material.  TAMSalumni.org disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Specifically, TAMSalumni.org makes no warranty that:

  1. TAMSalumni.org sites or any service thereon will meet your requirements.
  2. Any access will be uninterrupted, timely, secure or error-free.
  3. The quality of any content, products, services, information or other material obtained by any user will meet his or her expectations.
  4. Any errors in the software will be corrected.

Excluding only damages arising out of TAMSalumni.org’s gross negligence or willful misconduct, TAMSalumni.org shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if TAMSalumni.org has been advised of the possibility of such damages), resulting from any user’s use or inability to use any TAMSalumni.org sites or services thereon, the cost of procurement of substitute services, unauthorized access to or alteration of the user’s transmissions or data, statements or conduct of any third party on TAMSalumni.org sites, or any other matter relating to TAMSalumni.org. 

Limitations of Liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to every user.

Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between TAMSalumni.org and any user or other person or entity nor do these terms of service extend rights to any third party.

TAMSalumni.org reserves the right to report any malfeasance that comes to its attention to the appropriate authorities.  The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortuous behavior, negligence or any other course of action by TAMSalumni.org.

Trademark Information

TAMSalumni.org, the TAMSalumni.org logo and other TAMSalumni.org trademarks, service marks, and product and service names are TAMSalumni.org trademarks (collectively, “TAMSalumni.org Marks”).  All other names and designs may be trademarks of their respective owners.  Users may display or use the TAMSalumni.org Marks only in accordance with TAMSalumni.org Trademark Use Guidelines.

Copyrights

TAMSalumni.org respects the intellectual property rights of others and requires that its users do the same.  If a user believes their work has been copied and is accessible on TAMSalumni.org in a way that constitutes copyright infringement, he/she may notify an TAMSalumni.org admin with the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf
  2. identification of the copyrighted work the user claims has been infringed
  3. identification of the material the user claims to be infringing and information reasonably sufficient to permit TAMSalumni.org to located the material, including the full URL
  4. the users’ name address, telephone number and email address
  5. a statement by the user that the user has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  6. a statement, made under penalty of perjury, that the above information in your notice is accurate and that the user is the copyright owner or are authorized to act on the copyright owner’s behalf.

If TAMSalumni.org receives such a claim, it reserves the right to refuse or delete Content or to terminate user access.  TAMSalumni.org will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.