1. Your Acceptance.
C. You should periodically review the most up-to-date version of Terms of Service (list web link here). OSU may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of OSU Sites, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of OSU Sites including but not limited to all products, sharing functions, uploading programs and interactivity features (comments and ratings).
B. The Service may contain links to third party websites that are not owned or controlled by OSU. OSU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OSU will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve OSU its governing board, officers, agents, and employees from any and all liability arising from your use of any third-party website.
3. OStateTV Accounts.
In order to access some features of the Service, you will have to create an OStateTV account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OSU immediately of any breach of security or unauthorized use of your account.
4. Disclaimer of Warranties.
The use of this website is solely at your own risk. This website is provided on an “as is” and “as available” basis. OSU expressly disclaims all warranties of any kind with respect to this website whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. OSU expressly disclaims any responsibility for the actions of any other user of this website. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. OSU makes no warranty that this website will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease to use this website. You may have other rights which may vary from state to state.
5. Exclusions and Limitation of Liability.
You expressly understand and Agree that OSU shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if advised of the possibility of such damages) resulting from any matter related to your use of this website.
6. Intellectual Property.
This website and its contents are owned by OSU or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials and trademarks, are used by permission of third parties. Except as allowed by law (such as fair use) or as expressly permitted in connection with specific content, this website and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of OSU or the third-party owner.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless OSU, its governing board, officers, agents, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
These Website Terms and Conditions of Use constitute the entire agreement between you and OSU relating to this website. There is no agency, partnership or joint venture relationship between any user and OSU arising solely through the use of this website. These Website Terms and Conditions of Use are binding upon your successors, assigns, heirs and executors. If any provision of these Website Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Website Terms and Conditions of Use, which shall remain in full force and effect. The failure of OSU to exercise or enforce any right or provision of these Website Terms and Conditions of Use shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the website or these Website Terms and Conditions of Use must be filed within one year after such claim or cause of action arose. The section titles of these Website Terms and Conditions of Use are merely for convenience and will not have any effect on the substantive meaning of this agreement.
9. Jurisdiction and Venue.
This Agreement and the relationship between you and OSU will be governed by the laws of the State of Oklahoma, without respect to its conflict of law provisions. You agree that venue with respect to any dispute between you and OSU will rest exclusively in the state court located in Payne County, Oklahoma or the United States District Court for the Western District of Oklahoma
OSU may block, suspend, or terminate your use of the website at any time for any reason. Reasons OSU might do so include, but are not limited to, the following: (a) your breach of this agreement; (b) OSU is unable to verify or authenticate any information you provide to us; or (c) OSU believes that your actions could cause financial loss or legal liability to OSU, OStateTV, or other users of this website; (d) routine network maintenance affecting all users; or (e) your use of this website or service in a manner that violates the law or OSU policies.
11. Contact Information.
If you have questions about these Website Terms and Conditions of Use, you should contact the OSU, OStateTV or the service area (internal or external to OSU) which publishes the website. Many websites will have a contact link.
Dated: July 22, 2013