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Terms of Service

Written on 09/07/2016
Fox Valley Lutheran HS


 Terms of Use

Last Updated: September 6, 2016

This page states the Terms of Use (“Terms of Use”) under which you may access and use the FVL Application (as defined below).  These Terms of Use also incorporate by reference the Privacy Policy for the FVL Application.  

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING TO USE THE FEATURES AND FUNCTIONALITY OF THE SERVICES MADE AVAILABLE VIA THE FVL APPLICATION.  These Terms of Use constitute a binding agreement between you and Fox Valley Lutheran High School (“FVL”) and are deemed accepted by you and FVL.  By using the FVL Application you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not use the FVL Application.

FVL may modify these Terms of Use at any time at the sole discretion of FVL and without notice to you. Your continued access and use of the FVL Application constitutes your acceptance and of any such modifications.  Therefore, review these Terms of Use periodically.   

1.    Definitions.

a.    “Content” means the content contained on the FVL Application.

b.    “FVL Application” means the FVL Application, including without limitation any files, images incorporated in or generated by the FVL Application, and data accompanying the FVL Application which you download.
 
c.    “We”, “us” or “our” mean and refer to FVL.

d.    “You, “your” and “user(s)” mean and refer to all individuals and/or entities who are accessing or using the FVL Application for any reason.

2.    Copyright and Trademark Notice and Use.

The Content is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by FVL.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  Where the FVL Application is configured to enable the download of particular Content, you may download multiple copies of such Content to multiple devices, including, but not limited to, mobile phones, iPads, iPhones, tablets, and/or desktop computers, for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of FVL, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of FVL, "mirror" on any other server any material contained on the FVL Application. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of FVL.  The trademarks, logos and service marks (the "Marks") displayed on the FVL Application are owned by FVL.  You are prohibited from use of those Marks without the express, written permission of FVL.  

In the event you download the FVL Application, the FVL Application is licensed to you by us for your personal, noncommercial home use only. We do not transfer title to the FVL Application to you. You may not distribute or otherwise exploit the FVL Application or decompile, reverse engineer, disassemble or otherwise reduce the FVL Application to a human-readable form. 

You will not use the FVL Application in a manner that is illegal or otherwise inconsistent with these Terms of Use.  FVL reserves the right to restrict, suspend, or terminate your access to the FVL Application without notice for any reason FVL believes is reasonable, including, but not limited to:  your violation of these Terms of Use or illegal or offensive activity.   You agree that you will only access the FVL Application through the interfaces provided and agree not to reverse engineer or otherwise hack the FVL Application, take any actions that damage the FVL Application or its security, or interfere with other user’s use of the FVL Application.

3.    Privacy Policy.

To view the specific terms and conditions of FVL’s Privacy Policy look here http://www.fvlhs.org/media/385059/Privacy-Policy-Aug-29-2016.pdf.  Such Privacy Policy is expressly incorporated herein, and constitutes part of these Terms of Use.

4.    Accounts.

The FVL Application requires you to create an account to participate in the FVL Application.  You will not be able to access all functionality of the FVL Application unless you are a registered user. 

In consideration of your use of the FVL Application, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. 

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You will not allow others to use the login information.  You also agree to notify us promptly at CommunicationsOffice@fvlhs.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the FVL Application.

We may suspend or terminate your account and your ability to use the FVL Application for failure to comply with these Terms of Use.

You may only maintain one registered user account.  FVL reserves the right to verify any information you submit as Registration Data.

You will need to maintain equipment, software and Internet access necessary to access and use the features made available via the FVL Application, as well as to request and access any copies of these Terms of Use or Privacy Policy.

5.    FVL'S REPRESENTATIONS AND WARRANTIES.

FVL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE FVL APPLICATION AND THE CONTENT. ANY USE OF THE FVL APPLICATION AND THE CONTENT IS AT YOUR OWN RISK.  CHANGES ARE PERIODICALLY MADE TO THE FVL APPLICATION AND MAY BE MADE AT ANY TIME. SOME CONTENT ON THE FVL APPLICATION MAY BE PROVIDED BY THIRD PARTIES AND FVL WILL NOT BE HELD RESPONSIBLE FOR ANY SUCH CONTENT PROVIDED BY THIRD PARTIES.

FVL DOES NOT WARRANT THAT THE FVL APPLICATION WILL OPERATE ERROR-FREE OR THAT THE FVL APPLICATION OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE FVL APPLICATION OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF DATA, FVL WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE FVL APPLICATION AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FVL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

6.    FVL’S LIMITATION OF LIABILITY.
 
YOUR USE OF THE FVL APPLICATION IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OF THE FVL APPLICATION OR WITH THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE FVL APPLICATION.  IN NO EVENT WILL FVL OR ANY THIRD PARTIES MENTIONED IN THE FVL APPLICATION BE LIABLE FOR (1) ANY INACCURACY IN OR FAILURE OF THE FVL APPLICATION OR CONTENT; (2) ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE FVL APPLICATION AND THE CONTENT, ANY DOWNLOAD OR USE MADE OF THE FVL APPLICATION, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE FVL APPLICATION. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FVL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

7.    Links to Other Sites.

The FVL Application may contain links to third party websites that are maintained by others.  Any such links are provided solely as a convenience to you and not as an endorsement by FVL of the contents on such third-party websites.  FVL is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.


8.    Indemnity.

You agree to defend, indemnify, and hold harmless FVL and its respective officers, directors, employees and agents, from and against any and all damages, injuries, liabilities, costs, fees, fines, penalties, claims, actions, demands or expenses, including without limitation reasonable legal and accounting fees, alleging, in anyway related to or resulting from (i) your use of the FVL Application or the Content, or (ii) your breach of these Terms of Use.

9.    Export Control.

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

10.    Notice of Infringement.

COPYRIGHT:  FVL respects the intellectual property rights of others. It is FVL’s policy, at its discretion and when appropriate, to remove the advertisements or other Content of third parties where such advertisements and/or Content may infringe the copyrights of others.  

To submit a copyright infringement notification to FVL, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

•    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

•    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

•    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

•    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

•    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

FVL’s Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:     CommunicationsOffice@fvlhs.org
By Mail:    DMCA Designated Agent
Attn: Communications Office
5300 N. Meade Street
Appleton, WI 54913

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT CERTAIN MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES.  THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.  YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.  

This information should not be construed as legal advice.

NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed.  All other inquiries, including technical requests, reports of e-mail abuse, and third party reports of piracy, will not receive a response through this process.

TRADEMARK/OTHER INTELLECTUAL PROPERTY:  The foregoing process applies to copyright only. If you wish to provide notice of any Trademark or other Intellectual Property Rights infringement, please report the same to FVL by email at CommunicationsOffice@fvlhs.org

OFFENSIVE MATERIAL/OTHER VIOLATION:  In all other cases, if you discover Content that: violates any of your other rights; you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence; constitutes impersonation, harassment, or spam; or otherwise violates these Terms of Use or applicable law, please report this to FVL at CommunicationsOffice@fvlhs.org.

11.    Term and Termination.

These Terms of Use will remain in full force and effect while you are a user of the FVL Application.  FVL spends valuable resources to provide the FVL Application, and your access and use of the FVL Application is a privilege and not a right.  FVL reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your access to the FVL Application and immediate termination of your registration with or ability to access the FVL Application and/or any other services provided to you by FVL, upon any breach by you of these Terms of Use.  Even after you are no longer a user of the FVL Application, the provisions of these Terms of Use will remain in effect.  You agree that FVL will not be liable to you or any third party for any termination of your access to the FVL Application.

12.    Contact Information.

FVL is located at 5300 N. Meade Street, Appleton, Wisconsin 54913.  For general inquiries about FVL, please email CommunicationsOffice@fvlhs.org and for any problems with the FVL Application, please email CommunicationsOffice@fvlhs.org.

To the extent that we need to contact you, you agree that we may do so via any electronic means, including, but not limited to, communicating with you via email.

13.    Governing Law; Forum; Venue.

By accessing the FVL Application, you acknowledge and agree that all matters relating to access and use of the FVL Application shall be governed by the applicable laws of the State of Wisconsin (without regarding to conflict of laws principals) and federal laws of the United States. 

14.    Dispute Resolution.

Any and all disputes relating to your use of the FVL Application, whether brought by you or FVL, shall be brought and prosecuted exclusively in the Brown County Circuit Court, Green Bay, Wisconsin, or the United States District Court for the Eastern District of Wisconsin, Green Bay, Wisconsin.  You further agree to voluntarily and exclusively submit to the personal and subject matter jurisdiction and venue of such courts, and you waive any and all rights to object to such jurisdiction and venue and/or to remove any action to another venue.   

15.    Severability.

Should any part of these Terms of Use be declared invalid or unenforceable, the remaining portion shall remain valid and in full force and effect.

All rights not expressly granted herein are reserved.

Copyright 2016 Fox Valley Lutheran High School. All Rights reserved.

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