Terms and Conditions
PLEASE READ THESE THEEAGLEONLINE.COM TERMS AND CONDITIONS (“Terms and Conditions”) CAREFULLY BEFORE CREATING, ACCESSING OR USING THE EAGLE’S WEBSITES AND OTHER SOCIAL MEDIA INCLUDING BUT NOT LIMITED TO http://WWW.THEEAGLEONLINE.COM, THE INCUBATOR, and THE EAGLE’s FACEBOOK AND TWITTER SITES and mobile application. (“THEEAGLEONLINE.COM”). BY ACCESSING OR USING THE THEEAGLEONLINE.COM, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH MAY BE CHANGED WITH OR WITHOUT NOTICE. A current version of THESE Terms and Conditions are always available on this page, and you should check this page regularly for modifications.
User Conduct
You may use the THEEAGLEONLINE.COM only in a lawful manner and for lawful purposes and consistent with these Terms and Conditions. You are solely responsible for the knowledge and adherence to any and all laws, rules, and regulations pertaining to your use of the THEEAGLEONLINE.COM. In addition, your use of THEEAGLEONLINE.COM subjects you to university policies including but not limited to the Computer User and Copyright Policy. You agree that you will not: (i) use the THEEAGLEONLINE.COM site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; (iii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iv) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (v) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) upload, post, e-mail, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, AU ID, Social Security numbers and credit card numbers; (vi) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use THEEAGLEONLINE.COM; (vii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (viii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (ix) upload, post, e-mail, or otherwise transmit any unsolicited commercial advertising, non-university related promotional materials, or other forms of inappropriate solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (x) interfere with or disrupt THEEAGLEONLINE.COM or servers or networks connected to THEEAGLEONLINE.COM, or disobey any requirements, procedures, policies, or regulations of networks connected to THEEAGLEONLINE.COM; (xi) post or transmit information or material that contains virus, or other harmful content, or collect or store personal data about other users; (xii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission. You acknowledge that The Eagle does not pre-screen User Content, but that The Eagle shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available on THEEAGLEONLINE.COM. Without limiting the foregoing, The Eagle has the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable. You agree and acknowledge that The Eagle may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of AU, its users and the public. Violation of any of these Terms and Condition, in the University’s sole discretion, will result in the termination of online submissions to THEEAGLEONLINE.COM. You also understand that any violation of these Terms and Conditions will subject you to disciplinary proceedings under the Student Code of Conduct.
User Content and Postings
By submitting any content, that you upload or otherwise make available (“User Content”) on to the THEEAGLEONLINE.COM, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to The Eagle and its affiliates a non-exclusive, perpetual, worldwide license to edit, broadcast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the User Content you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. You represent and warrant to The Eagle that you have the full legal right, power and authority to grant to The Eagle the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You are solely responsible for anything contained in your submissions. The University does not verify, endorse or otherwise vouch for the contents of any submission. You may be held legally liable for the contents of your submissions, and may be held legally liable if your submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. User submissions do not represent the views of The Eagle, American University, or any individual associated with The Eagle or American University, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, the Eagle or University's endorsement of user submissions. The Eagle or the University does not vouch for the accuracy or credibility of any content submitted by you on THEEAGLEONLINE.COM, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on THEEAGLEONLINE.COM. Through your use of the Web site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using this website, you assume all associated risks.
Disclaimers
ThIRD PARTY SUBMISSIONS ARe provided on an “as is” basis without warranties of any kind, either expressED or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or Fitness for a particular purpose. THE EAGLE does not warrant that any information is complete or accurate, that THEEAGLEONLINE.COM will be uninterrupted or error free.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE UNIVERSITY, THE EAGLE OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THEEAGLEONLINE.COM, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THEEAGLEONLINE.COM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY THE UNIVERSITY THE EAGLE OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE UNIVERSITY, IF ANY, FOR ACCESSING THEEAGLEONLINE.COM.
Release and Indemnification
You hereby assume all responsibility for the use of THEEAGLEONLINE.COM and the User Content you provided. Furthermore, you hereby release and waive any and all claims and/or liability against American University and The Eagle arising from or in connection with your use of THEEAGLEONLINE.COM or the User Content you provided. You also agree to defend, indemnify and hold harmless American University and The Eagle from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of THEEAGLEONLINE.COM, the User Content you provided, or failure to abide by the term and conditions.
Miscellaneous
These terms will be governed by and construed in accordance with the laws of the District of Columbia. You consent to the exclusive jurisdiction and venue of the courts of the District of Columbia, United States in case of any dispute connected with this site or these Terms and Conditions. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and The Eagle relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions.