Terms and conditions

SusDeViKISM Contributor and User Agreements

 

(A) Contributor


This Contributor Agreement (“Agreement”) is by and between You (any person or entity, “You”) and The Board of Trustees, University of Illinois (“Illinois”). This Agreement applies to your contribution of materials, including but not limited to text, data, information, videos, graphics, or photographs (“Contribution”) to the SusDeViKISM World Wide Website (“Site”) owned and operated by Illinois.

 

By your Contribution to the Site, You are indicating your acceptance and agreement to all the terms and conditions of this Agreement.  If You do not agree to the terms of this Agreement, You must not submit any Contributions to the Site.  


Terms of Contribution. You must register on the Site prior to your Contribution and agree to be bound by all the terms and conditions of the SusDeViKISM Website Terms of Use. You agree that You will not submit any materials which contain any falsehoods or misrepresentations and will not contribute any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, offensive, or encouraging any conduct that would violate any civil or criminal law, or that is owned by a third party without securing the necessary releases and/or permissions. If You violate or fail to comply with these terms, Illinois may terminate your access to the Site account without notice to You.


Representations. You represent that to the best of your knowledge the following: (1) You have full power and authority to enter into this Agreement and to grant the rights in and to the Contribution as set forth in this Agreement; (2) that all material in the Contribution is your original work  and/or You obtained all copyright and other necessary permissions for any third party content, including without limitation, third party permissions and releases for any photographs, videos or music, included in the Contribution; and (3) the Contribution does not infringe any trademark, copyright or other intellectual property right or violate any right of privacy or personal right of any third party.

 

Grant of Rights. By your Contribution to the Site, You grant to Illinois and to any party who receives the Contribution through the Site, a perpetual, non-exclusive, worldwide, royalty-free unrestricted license to use, reproduce, publish, perform, display, distribute copies of, create and distribute collective works and derivative works of any Contribution, in whole or part, in every form, media or technology and to license and sub license such rights to users and other contributors of the Site.  For avoidance of doubt, You agree to and acknowledge that Illinois and all users of and contributors to the Site may exercise the rights in and to the Contribution as listed herein. You waive all claims to compensation based on the use of your Contribution and You waive any right to inspect or approve any such use.   

 

Moral Rights. You agree to not assert any moral rights that it may have in the Contribution against Illinois, its licensees, or any other users of, or contributors to the Site.

 

Credit and Attribution. For each Contribution, You will provide a statement of attribution acknowledging copyright ownership for your original content, unless You elect to anonymously contribute such content, and will attribute other copyright owners for any third party content in the Contribution. You will also provide a statement of credit for any sponsor to the development of content in the Contribution, provided the sponsor requires such an acknowledgment.

 

Modification of Agreement. Illinois reserves the right to modify the terms and conditions of this Agreement at any time without written notification to You. Modifications become effective upon being posted to the Site.  You agree to review the Site from time to time to view any such changes in the Agreement. Your continued Contributions to the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement. No modifications to the Site or Agreement made by you will be binding, unless expressly authorized in writing by Illinois.


DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ITS CONTRIBUTION OF MATERIALS TO THE SITE, ARE AT YOUR SOLE RISK AND YOU ASSUME ALL RISK OF LOSS OR LIABILITY FOR USE OF THE SITE AND YOUR CONTRIBUTIONS TO THE SITE. ILLINOIS DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  ILLINOIS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ILLINOIS MAKE ANY WARRANTY FOR ANY PURPOSE OF THE SITE OR MATERIALS OR RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SITE OR CONTRIBUTION TO THE SITE OR AS TO THE ACCURACY, SAFETY, RELIABILITY OR USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE SITE.  ILLINOIS DISCLAIMS ANY WARRANTY THAT THE SITE OR THE MATERIALS ARE FREE OF VIRUSES,WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. 

 

LIMITATION OF LIABILITY.  ILLINOIS, ITS TRUSTEES, DIRECTORS,OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND AGENTS ASSUME NO LIABILITY IN RESPECT OF ANY INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK,PATENT OR OTHER RIGHT OF THIRD PARTIES ARISING IN CONNECTION WITH THE SITE ,CONTRIBUTIONS AND OTHER MATERIALS AVAILABLE THROUGH THE SITE  AND ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE)ARISING OUT OF OR IN CONNECTION WITH THE SITE, CONTRIBUTIONS AND ALL OTHER MATERIALS AVAILABLE THROUGH THE SITE, EVEN IF ILLINOIS, ITS TRUSTEES, DIRECTORS,OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND/OR AGENTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT(INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE).  YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND AGREE NOT TO MAKE A CLAIM AGAINST ILLINOIS, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY,STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND/OR AGENTS FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE, CONTRIBUTIONS OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.

 

Exclusions and Limitations. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply to You.To the extent that Illinois may not, as a matter of law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law. 

 

Indemnification. You agree to indemnify Illinois, its trustees, directors, officers, faculty, staff, students, employees, consultants and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys fees, arising out of or relating to your Contribution, including but not limited to any damage resulting from any infringement of copyrights, trademarks, proprietary rights,or any other harm resulting from the Contribution and use of the Site. Illinois reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, You agree to fully cooperate with Illinois’ defense of such claim.

 

Third Party Beneficiary. The provisions of this Agreement apply for the benefit of Illinois and its trustees, directors, officers, faculty, staff, students, employees, consultants and agents.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf. 

 

Governing Law.  This Agreement is governed by the laws of the State of Illinois, excluding its conflict of laws provisions.

 

Export Control. Contributions may be subject to U.S. export controls and trade laws and foreign export or import laws and regulations. You agree to strictly comply with all such laws and to obtain such licenses as may be required.  You warrant that You are not identified on any current U.S. export or trade exclusion lists or located in or a national of countries that are prohibited from participating in the Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export and trade laws, including but not limited to the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Assets Control regulations.

TerminationThe terms of this Agreement will remain in effect after termination of your use of the Site.


(B) User Agreement

SusDeViKISM Website Terms of Use

Introduction. This website  “http://dev.susdeviki.illinois.edu” (“Site”) is owned and operated by The Board of Trustees of the University of Illinois (“Illinois”) and consists of content provided by Illinois and other third parties. You will be provided access to the Site upon the condition that you accept all of these terms of use (“Terms”). Please read these Terms carefully. These Terms govern your use of the Site and any content (such as text, data, information, audio, videos, graphics, or photographs) made available through the Site (collectively “Materials”).

 

By clicking on the “ACCEPT / SUBMIT” button, You accept these Terms.  If You are not already a registered user, after You click on the “ACCEPT /SUBMIT” button and your registration form has been reviewed and approved, You will receive a login name and password and instructions on how to access the Site. If You are not willing to be bound by these Terms, select the “CANCEL”button at the bottom of this page. 

 

The Materials on the Site are intended to support the educational, research and public service missions of the University of Illinois and to specifically provide a virtual knowledge sharing system for extension materials in developing nations. The overarching goal of this Site is to provide a worldwide repository for sustainable development materials that will allow users to easily access, review and contribute back their local adaptations. Intended users of this Site are development organizations and individuals around the world who need access to or have developed sustainable methods.


Use of Site, Content and Privacy. The views and opinions expressed by individuals who post comments and submit Materials to the Site do not necessarily state or reflect those of the State of Illinois Government or the University of Illinois. Illinois reserves the right to not post or delete comments and Materials in Illinois’ sole discretion. Use of Illinois computer and network systems, including its websites, is subject to all applicable state and federal laws, as well as general Illinois and campus policies. For additional information about the terms and conditions governing use of University web sites, please see Web Privacy Notice at http://www.vpaa.uillinois.edu/policies/web_privacy.cfm.                 

As a condition to your use of the Site, You agree that You shall use the Site only for the purposes set forth herein and shall not: (1) use the Site in any manner that could damage, disable, overburden, or impair any other party’s use and enjoyment of the Site; (2) post or transmit any material through the Site unless pursuant to a Contributor Agreement made available through this Site; or (3) use the Site to advertise or perform any commercial solicitation except as agreed to by Illinois.

Credit and Attribution. You agree to credit and attribute the authors and creators of any Materials that You use, reproduce, publish, display, perform or distribute, or from which you create derivative works in accordance with the copyright notice or statement of credit/attribution provided by each respective author or creator, or should such a notice or statement not be provided, You agree to include the name(s) of each author or creator for each respective Material. You further agree to credit any sponsors in and to the Materials that You use, reproduce, publish, display, perform or distribute, or from which You create derivative works in accordance with the sponsorship statement provided in the Materials.

Intellectual Property. The Site and the trademark SusDeViKI™ are owned or licensed by the Board of Trustees of the University of Illinois. The Site and all its content (“Materials”) are protected by U.S. and/or foreign copyright laws and belong to Illinois, contributors or other third parties. The Materials belong to Illinois or other copyright owners who have authorized their use on this Site. All other trademarks if any, contained in this Site are and remain the property of their respective owners. No licenses or other rights in or to such copyright and/or trademarks are granted to you by these terms.

 

Sponsorship.  Illinois reserves the right to obtain sponsorship for maintaining the Site and to display icons and links of third parties on the Site. In no event shall Illinois be responsible for or held accountable for non-University links or the contents or information of those links. This extends to your use of or losses incurred by your use of those links or the information they contain.

 

Compliance with Laws. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. The Site is available only to individuals who are permitted to use it under applicable law. If You do not qualify, You shall not use the Site. You agree not to impersonate any person or entity of falsely state or otherwise misrepresent your identity or affiliation with a person or entity.  You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms.

 

Modification of Site and Terms.  Illinois reserves the right to modify the Site and may discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to You.  Illinois may likewise change the Terms from time to time with or without notice to you.  You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access to the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.  No modifications to the Terms made by you will be binding, unless expressly authorized in writing by Illinois.

 

Termination.  If you violate or fail to comply with any of these Terms or in Illinois’ sole discretion restrict or inhibit any other user from using or enjoying the Site, Illinois may terminate your access to the Site account without notice to You. 

 

Passwords and Accounts.  You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify Illinois of any unauthorized use of your account. You agree that Illinois may terminate your password, account or use of the Site in Illinois’ sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, Illinois may post notices or links to notices through the Site to inform you of changes to the Terms, the Site, or other matters of importance.


DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS, IS AT YOUR SOLE RISK.  THE SITE AND MATERIALS,ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.  ILLINOIS DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  ILLINOIS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE OR THE MATERIALS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ILLINOIS MAKE ANY WARRANTY FOR ANY PURPOSE OF THE SITE OR MATERIALS OR RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SITE OR AS TO THE ACCURACY, SAFETY,RELIABILITY OR USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE SITE.  ILLINOIS DISCLAIMS ANY WARRANTY THAT THE SITE OR THE MATERIALS, ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. 

 

LIMITATION OF LIABILITY.  ILLINOIS, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND AGENTS ASSUME NO LIABILITY IN RESPECT OF ANY INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, PATENT OR OTHER RIGHT OF THIRD PARTIES ARISING IN CONNECTION WITH THE SITE AND MATERIALS AND ARE NOT LIABLE FOR ANY DIRECT, INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING,WITHOUT LIMITATION, ANY DAMAGES CAUSED BY USE AND IMPLEMENTATION OF MATERIALS, LOSS  OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF ILLINOIS, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES,CONSULTANTS AND/OR AGENTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE.

 

Exclusions and Limitations. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply to You. To the extent that Illinois may not, as a matter of law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law. 

 

Indemnification.  You agree to indemnify Illinois, its trustees, directors, officers, faculty, staff, students, employees, consultants and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys fees, arising out of or relating to use of the Site and Materials or by You and or any other person accessing the Site using your login and password.  Illinois reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to fully cooperate with Illinois’ defense of such claim.

 

Third Party BeneficiaryThe provisions of these Terms apply for the benefit of Illinois and its trustees, directors, officers, faculty, staff, students, employees, consultants and agents.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf. 

 

Consent to Use Data. You agree that Illinois may collect and use technical information gathered through your use of the Site, the Materials, and any support services related thereto, provided that Illinois does not disclose this information in a way that personally identifies You.

 

Governing Law. These Terms are governed by the laws of the State of Illinois, excluding its conflict of laws provisions.

 

Export Control. Materials may be subject to U.S. export controls and trade laws and foreign export or import laws and regulations. You agree to strictly comply with all such laws and to obtain such licenses as may be required.  You warrant that You are not identified on any current U.S. export or trade exclusion lists or located in or a national of countries that are prohibited from participating in this Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export and trade laws, including but not limited to the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Assets Control regulations.

Miscellaneous.  These Terms, including any terms incorporated by reference or amendments or addendums, constitute the entire agreement between You and Illinois regarding their subject matter and supersede any prior versions, as well as any prior or contemporaneous oral or written communications, arrangements, courses of conduct or agreements regarding their subject matter. You shall not assign or transfer your rights to use the Site and/or the Materials. Any express waiver or failure by Illinois to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of the Terms, which shall remain in full force and effect.  Paragraph headings and captions are for convenience only and are not to be considered in determining the meaning or effect of these Terms.  Rights and obligations under these Terms other than provisions that authorize You to use or access the Site or Materials will remain in effect after termination of your use of the Site, the Materials and any support services related thereto. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Illinois as a result of these Terms or your access to or use of the Site, the Materials, and any support services related thereto. These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Illinois without restriction.