Sigma Alpha Mu Terms of Use

 

 

CONTENT UPLOAD TERMS OF USE

 

Sigma Alpha Mu Fraternity manages social content in connection to Sigma Alpha Mu members for marketing, promotional, advertising and other memberrelated activities. Sigma Alpha Mu Fraternity facilitates the collection and uploading to the fraternity's own website at www.sam.org (the “Site”) and to websites websites (including but not limited to sam.org), social media sites, blogs and other digital properties operated by Sigma Alpha Mu Fraternity (hereinafter the “Sigma Alpha Mu Properties”) of photos, text, graphics, audio, video, location information, comments and other materials from social media sites, including but not limited to Facebook, Twitter, Instagram, Flickr, and YouTube that users have tagged or permitted others to tag with Sigma Alpha Mu-related hashtags or geo-location tags and/or that users or others acting on their behalf or with their permission upload directly with or without tags onto the Sigma Alpha Mu Properties (hereinafter collectively “User Content”) for use by Sigma Alpha Mu connection with its business, including but not limited to the Sigma Alpha Mu Services. Sigma alpha Mu also provides services to its members and non-member users on the Site and/or elsewhere, including on or in connection with the Sigma Alpha Mu Properties that relate to the Sigma Alpha Mu Services (hereinafter the “Services”). Your use of this Site and the Services in any manner and your User Content are subject to the following Terms of Use (“TOU”, “Terms of Use” or “Terms”). Sigma Alpha Mu reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you access the Site or use the Services, to stay informed of any changes to the Terms of Use. Any access or use of the Site or Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

 

 

USE OF THE SERVICES

 

These TOU apply to the entire Site and Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the Sigma Alpha Mu Properties or in connection with the Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Sigma Alpha Mu Fraternity applicable to such Services and User Content, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Sigma Alpha Mu Fraternity and applicable to such Services, hereinafter the “Sigma Alpha Mu Fraternity Terms”. Subject to these Terms, Sigma Alpha Mu Fraternity grants you a limited license to use the Site and the Services with respect to your User Content in accordance with these Terms, Sigma Alpha Mu Fraternity’s Privacy Policy and the Sigma Alpha Mu Terms. Sigma Alpha Mu Fraternity reserves the right to terminate your license to use the Site and Services at any time and for any reason. Sigma Alpha Mu Fraternity may change, suspend or discontinue your use of the Site and Services for any reason at any time, including discontinuing the availability of any feature, database or content.

 

You are solely responsible for your use of the Site and Services. You certify to Sigma Alpha Mu Fraternity that you are at least 18 years of age or use the Site and Services only under the supervision of a parent or legal guardian. You also certify that you are legally permitted to use the Services and access the Site.

 

Sigma Alpha Mu Fraternity Properties and the content and proprietary materials and other materials and/or information contained or displayed on the Sigma Alpha Mu Fraternity Properties other than your User Content (hereinafter the “Sigma Alpha Mu Fraternity Content”) and Sigma Alpha Mu Fraternity business practices and policies (including but not limited to its privacy policies) are not subject to Sigma Alpha Mu Fraternity’s control, and Sigma Alpha Mu Fraternity is not responsible for and makes no claims, representations or warranties regarding the accuracy or legality of any person’s or entity’s content, including but not limited to any User Content, the Sigma Alpha Mu Fraternity, Sigma Alpha Mu Fraternity Content, Sigma Alpha Mu Fraternity Services, or Sigma Alpha Mu Fraternity’ business practices or policies.  

 

 

USER CONTENT

 

By accepting these Terms, you hereby agree that every time you and/or someone else acting on your behalf or with your direct or implied permission upload(s), post(s), display(s) and/or otherwise use(s) your User Content on and/or in connection with any websites, social media websites or platforms, blogs, or other online forums or media, including but not limited to those listed above, regardless of whether you or others acting on your behalf or with your permission see or accept these Terms or any modifications thereof in the future, you hereby grant to Sigma Alpha Mu Fraternity and their related companies (including all subsidiaries, affiliates and parents), and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners and any other third parties engaged by any of the foregoing, including but not limited to marketing or public relations agencies, and the employees, officers and directors of all of the foregoing (hereinafter collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content. You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

 

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

 

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to Sigma Alpha Mu Fraternity’s collection of any personal information you provide, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide Sigma Alpha Mu Fraternity with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on Sigma Alpha Mu Fraternity ’s and its customers’ behalf. By using the Site or the Services or otherwise providing Sigma Alpha Mu Fraternity with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

 

The Licensed Parties reserve the right to remove any User Content from the Site, and Sigma Alpha Mu Fraternity  and/or to discontinue the Services at any time, for any reason. If you believe any content, including User Content, residing on the Site or on the Sigma Alpha Mu Fraternity or displayed or used in connection with the Services infringes any person’s or entity’s copyright rights, please refer to our Copyright Policy below.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

The Site and Services contain proprietary information owned by Sigma Alpha Mu Fraternity, including, but not limited to, text, software, photos, videos, graphics and other materials, all of which is protected by copyright, trademark and other intellectual property laws. Sigma Alpha Mu Fraternity owns all rights in or are licensed to use the Sigma Alpha Mu Fraternity and Sigma Alpha Mu Fraternity Content and the Sigma Alpha Mu Fraternity and Sigma Alpha Mu Fraternity Content are protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Sigma Alpha Mu Fraternity  and the Licensed Parties by using or accessing the Site, the Services or the Sigma Alpha Mu Fraternity.

 

 

COPYRIGHT POLICY

 

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.

 

If you believe that any content, including User Content or other material residing on or accessible through the Site or Services infringes a copyright, you may send a written notification of copyright infringement by e-mail to the fraternity for purposes of receiving notice under the DMCA relating to the Site and Services:

 

Sigma Alpha Mu Fraternity

samhq@sam.org

 

To be effective, the written notification must include the following:

 

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 website 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 and information reasonably sufficient to permit Sigma Alpha Mu Fraternity to locate the material;

 

Information reasonably sufficient to permit Sigma Alpha Mu Fraternity 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.

 

Once proper infringement notification is received by Sigma Alpha Mu Fraternity, it is Sigma Alpha Mu Fraternity's policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Site and/or use of the Services.

 

A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Sigma Alpha Mu Fraternity’s Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:

 

A physical or electronic signature of the person submitting the counter notification;

 

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

 

The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Sigma Alpha Mu Fraternity  may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent

 

Upon receipt of a counter notification, containing the information as outlined above, Sigma Alpha Mu Fraternity shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Sigma Alpha Mu Fraternity shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Sigma Alpha Mu Fraternity’s staff member has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site and/or use of the Services.

 

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL THE LICENSED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES AND/OR SIGMA ALPHA MU FRATERNITY. YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES AND HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT DISPLAYED ON THE SITE, AND/OR SIGMA LPHA MU FRATERNITY AND/OR IN CONNECTION WITH THE SERVICES. IN ADDITION, THE LICENSED PARTIES SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS OCCURRING, OR AUTHENTICITY OF, INFORMATION PROVIDED, IN CONNECTION WITH THE SITE, THE SERVICES AND/OR SIGMA ALPHA MU FRATERNITY; OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE LICENSED PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

 

DISCLAIMERS

 

THE SITE, SERVICES AND SIGMA ALPHA MU FRATERNITY ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

 

IN PARTICULAR, THE LICENSED PARTIES MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT YOUR USE OF THE SITE, THE SERVICES AND/OR SIGMA ALPHA MU FRATERNITY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, VIRUSES OR MALWARE, OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY THEREOF WILL BE CORRECTED; OR (C) WILL CONTAIN ACCURATE OR RELIABLE INFORMATION.

 

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless the Licensed Parties from and against all claims and expenses (including attorneys’ fees) arising out of the use of the Site, the Services and/or the Sigma Alpha Mu Fraternity, by you or any other person using an account of yours, and/or your posting or use of your User Content, and/or your breach of any of your foregoing representations and warranties. Sigma Alpha Mu Fraternity reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Sigma Alpha Mu Fraternity with such cooperation as is reasonably requested by Sigma Alpha Mu Fraternity.

 

 

TERMINATION

 

You agree that Sigma Alpha Mu Fraternity, in its sole discretion, may terminate your use of the Site or the Services or may cease use of your User Content. You agree that any termination of your access to the Site or the Services or cessation of use of your User Content by the Licensed Parties under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Sigma Alpha Mu Fraternity or others acting with it or on its behalf may immediately remove all related information and files associated with your use of the Site, the Services or User Content. All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.

 

 

MISCELLANEOUS

 

These Terms of Use, the Sigma Alpha Mu Fraternity Privacy Policy and any operating rules for the Site, the Services or relating to your User Content constitute the entire agreement between Sigma Alpha Mu Fraternity and you with respect to the subject matter hereof; and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.

 

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Sigma Alpha Mu Fraternity’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. Sigma Alpha Mu Fraternity expressly reserves the right to transfer, assign or delegate these Terms of Use and any of its rights or obligations hereunder without consent.

 

You agree that if Sigma Alpha Mu Fraternity does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or whichSigma Alpha Mu Fraternity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sigma Alpha Mu Fraternitys rights and that those rights or remedies will still be available to Sigma Alpha Mu Fraternity.

 

The Terms of Use, and your relationship with Sigma Alpha Mu Fraternity, shall be governed by the laws of the State of Indiana, USA without regard to its conflict of laws rules. If you access the Site, or use the Services or post any User Content from any location other than the United States, you accept full responsibility for compliance with all local laws. You and Sigma Alpha Mu Fraternity agree to submit to the exclusive jurisdiction of the courts located within Indianapolis, Indiana, USA to resolve any legal matter arising from the Terms of Use and your relationship with Sigma Alpha Mu Fraternity. Notwithstanding this, you agree that Sigma Alpha Mu Fraternity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

 

Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to samhq@sam.org or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:

 

 

Sigma Alpha Mu Fraternity

Attn: HQ

8701 Founders Rd.

Indianapolis, IN 46268

 

 

Copyright 2018 Sigma Alpha Mu Fraternity

All rights reserved.

Last updated: March, 2018