TERMS OF SERVICE
By using Upublishing.com, you are agreeing to abide by the Terms of Service below.
1. Description of Service
University Publishing Solutions currently provides users with access to online resources, shopping services, and member homepages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new University Publishing Solutions properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "as is" and that University Publishing Solutions assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
From time to time University Publishing Solutions may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on Upublishing.com to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
When you register for Upublishing.com, you will be required to provide University Publishing Solutions with information such as your email address. Except as provided herein, University Publishing Solutions will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant.
University Publishing Solutions reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by University Publishing Solutions.
University Publishing Solutions reserves the right to terminate your Upublishing.com account if University Publishing Solutions learns that you have provided University Publishing Solutions with false or misleading registration information.
University Publishing Solutions reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access University Publishing Solutions and/or any other service provided to you by University Publishing Solutions.
5. Modifications of these Terms of Service
University Publishing Solutions may modify these Terms of Service from time to time in its sole discretion. Each time you log on to University Publishing Solutions, you will be deemed to have accepted any such changes.
6. Modifications of University Publishing Solutions Site
University Publishing Solutions may modify or discontinue the Upublishing.com website with or without notice to you and without liability to you or any third party.
7. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. University Publishing Solutions reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g., mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Upublishing.com is to be used by you for your personal use only. Commercial uses of Upublishing.com are strictly prohibited unless prior written consent from University Publishing Solutions has been granted. You agree that you will not use Upublishing.com for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Upublishing.com to send or post on message boards or any place on Upublishing.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. University Publishing Solutions reserves the right to delete any such material from Upublishing.com. University Publishing Solutions will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 7.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of University Publishing Solutions. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Upublishing.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
8. Copyright and Trademarks
You acknowledge that (i) Upublishing.com permits users to view content on the website that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Upublishing.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Upublishing.com is not protected by Rights rests with you.
All trademarks and copyrights within Upublishing.com belong to their respective owners. All other content ©2003 University Publishing Solutions.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON UPUBLISHING.COM, YOU HEREBY EXPRESSLY PERMIT UNIVERSITY PUBLISHING SOLUTIONS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY UNIVERSITY PUBLISHING SOLUTIONS IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
9. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. Third Party Services
You may order services or merchandise through Upublishing.com from other persons not affiliated with University Publishing Solutions ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Although we do our best to carefully screen potential advertisers and sponsors, University Publishing Solutions makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider University Publishing Solutions nor will University Publishing Solutions be construed as a party to such transactions, whether or not University Publishing Solutions may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
11. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify University Publishing Solutions of any unauthorized use of your registration or password.
12. Pricing and Availability of Products
Course requirements, pricing and availability are subject to change. We will do our best to get the items you need as quickly as possible.
13. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF UPUBLISHING.COM IS AT YOUR SOLE RISK. UPUBLISHING.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIVERSITY PUBLISHING SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
UNIVERSITY PUBLISHING SOLUTIONS MAKES NO WARRANTY THAT UPUBLISHING.COM WILL MEET YOUR REQUIREMENTS, OR THAT UPUBLISHING.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES UNIVERSITY PUBLISHING SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF UPUBLISHING.COM. UNIVERSITY PUBLISHING SOLUTIONS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF UPUBLISHING.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF UPUBLISHING.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT UNIVERSITY PUBLISHING SOLUTIONS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH UPUBLISHING.COM. UNIVERSITY PUBLISHING SOLUTIONS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER UNIVERSITY PUBLISHING SOLUTIONS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN UNIVERSITY PUBLISHING SOLUTIONS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. UNIVERSITY PUBLISHING SOLUTIONS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
UNIVERSITY PUBLISHING SOLUTIONS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN UPUBLISHING.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIVERSITY PUBLISHING SOLUTIONS OR THROUGH UNIVERSITY PUBLISHING SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
UNIVERSITY PUBLISHING SOLUTIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH UPUBLISHING.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH UNIVERSITY PUBLISHING SOLUTIONS.
University Publishing Solutions IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE UPUBLISHING.COM'S SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against University Publishing Solutions with respect to such sites.
14. Limitation of Liability
UNIVERSITY PUBLISHING SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE UPUBLISHING.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH UPUBLISHING.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF UNIVERSITY PUBLISHING SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Email Message Storage
University Publishing Solutions assumes no responsibility for the deletion of or failure to store email messages.
You agree to indemnify and hold each of University Publishing Solutions, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Upublishing.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
17. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
18. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to its conflict of laws provisions. By accessing the site the user consents to personal jurisdiction of the state of New Jersey and agrees that any action relating to the site shall be brought in the federal or state courts located in the state of New Jersey.
19. Remedies for Breach of these Terms by You
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service 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.
University Publishing Solutions may assign its rights and obligations under these Terms of Service and upon such assignment University Publishing Solutions may be relieved of any further obligation hereunder.
You represent to University Publishing Solutions that you have the authority to register with University Publishing Solutions according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Upublishing.com by University Publishing Solutions) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of University Publishing Solutions, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.