Terms of Use
The following Terms of Use govern the use of our Web site. By visiting and/or using our Web site you accept these Terms of Use.
Privacy
Please review our Privacy Policy, which also governs the use of our Web site, for information about what information we collect about users and how we use it.
Copyright
All content included on our Web site (and any compilation thereof), such as logos, photographs, video and audio clips, text, and software, is the property of The Delta Kappa Gamma Society International (the “Society”) or its content suppliers and protected by United States and international copyright laws.
A License to Use Our Site
The Society grants users a limited license to access and make personal use of this Web site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Society. Users may not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any content on or any part of our Web site without the Society’s express written consent. Users may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) of the Society or link to our Web site without our express written consent. Any unauthorized use will terminate a user’s license to use this web site. If under 18, a user may use our Web site only with involvement of a parent or guardian.
Membership Information
If an individual uses this Web site he/she is responsible for maintaining the confidentiality of any personal information submitted through this Web site and for restricting access to computer, and he/she agrees to accept responsibility for all activities that occur due to the failure of maintaining confidentiality of information or security on the computer. We reserve the right to refuse service, terminate access, remove or edit content, or cancel orders for merchandise in our sole discretion.
Posting Information on Our Site
Information may be posted in designated areas on our Web site and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” A user may not use a false e-mail address, impersonate any person or entity, or otherwise mislead other users of our Web site. We reserve the right (but have no obligation) to remove or edit content that violates the forgoing provisions, but we do not regularly review posted content.
By posting information on our Web site, a user grants The Society a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The user represents and warrants that he/she owns or otherwise control all of the rights to the content that is posted; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that the user will indemnify the Society and its affiliates for all claims resulting from content supplied.
The Society takes no responsibility and assumes no liability for any content posted by the user or any third party.
Other Businesses
Parties other than the Society may produce products and merchandise available for purchase through our Web site. In addition, we may provide links to the Web sites of sponsors and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. The Society does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. A user should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE PROVIDED BY THE SOCIETY OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SOCIETY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT AN INDIVIDUAL’S USE OF THE WEB SITE IS AT THE USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOCIETY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE SOCIETY OR ITS AFFILIATES WARRANT THAT THE WEB SITE OR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE SOCIETY OR ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEB SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USERS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USERS, AND THEY MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law
By visiting and/or using the Society’s Web site, users agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between a user and The Society or its affiliates.
Disputes
Any dispute relating in any way to a visit on our Web site or to products or services purchased or otherwise made available through our Web site shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent that a user, in any manner, violated or threatened to violate The Society’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and the user consents to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Changes to these Terms of Use
The Society reserves the right to change these Terms of Use at any time without notice. By continuing to use our Web site, an individual will be deemed to have agreed to such changes. Users of the Web site should periodically review these Terms of Use. If individuals do not agree with these Terms of Use at any time, they are asked to not continue using our Web site.
Notice and Procedure for Making Claims of Copyright Infringement
If a user believes that his/her work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Note that this procedure is exclusively for notifying the Society that copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that the individual claims has been infringed upon;
- A description of where the material that the individual claims is infringing is located on this web site;
- Your name, address, telephone number, and e-mail address;
- A statement by the individual that he/she has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by the individual made under penalty of perjury, that the above information in the notice is accurate and that the individual is the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent/Webmaster
The Delta Kappa Gamma Society International
12710 Research Blvd. Ste.230, Austin TX 78759
Phone: (512) 478-5748
E-mail: [email protected]