Terms & Conditions of Use
Effective Date: 04/11/24
These Terms of Use (“Terms”) set forth a legally binding agreement between you, as a person who uses Howard website and applications, and Howard University and its affiliates and subsidiaries (collectively, “Howard,” “we,” “our,” or “us”), and govern your access to and use of howard.edu and all other Howard websites and mobile applications that link to these Terms (the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively, “Content”).
By using the Services, you agree to be bound to these Terms. These Terms incorporate by reference the Howard University Online Privacy Notice. Please read these Terms carefully before using the Services. If you do not agree to these Terms, please do not use the Services.
Modifications
We may modify these Terms, in whole or in part, from time to time in our sole discretion, effective immediately upon posting modified Terms to the Services. By continuing to use or access the Services after modified Terms are posted to the Services, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer made available to you on the Services that augments or otherwise enhances the current features of the Services shall be subject to these Terms.
Your License to Use the Services
Howard gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Services for your own personal and non-commercial use only, subject to your strict compliance with these Terms. Except with our express written permission, this means that you may not: (1) license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; (2) modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or (3) export, distribute, or transmit any part of the Services or Content. Any unauthorized use of the Services will terminate the limited license granted by us. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Howard, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, trade dress and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Howard name or any of the Howard trademarks, logos, domain names, other distinctive brand features, or other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Howard and its licensors. Any feedback, comments, or suggestions you may provide regarding Howard, or the Services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without compensation or any other obligation to you. All other trademarks or copyrighted works not owned by us that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Your Conduct
By using the Services, you agree not to upload, post, email, or otherwise send or transmit any Content or other material that contains viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services. You also agree not to interfere with the servers or networks connected to the Services or to violate any of the procedures, policies, or regulations of networks connected to the Services, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Services or attempt to gain unauthorized access to another person’s account; (2) engage in any activity in connection with the Services that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Services for any unlawful purpose; (4) resell or export the software associated with the Services; (5) use the Services for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to the Services; (7) interfere with the proper operation of any security measure used by the Services; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Services; or (9) use any crawl, index, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Services.
Your Content
The Services may contain Content (as defined above), including Content created with or submitted to the Services by you or through your account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By uploading, posting, submitting, emailing, transmitting, or otherwise making available (collectively, “submit” or “submitting”) Your Content to us or to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms, and that our publication and use of Your Content will not infringe or violate the rights of any third party. Because you alone are responsible for Your Content, you may expose yourself to liability if you submit Content without all necessary rights. You should only submit Content that you are comfortable sharing with others.
You retain any ownership rights you have in Your Content, but you grant Howard the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) Your Content and/or incorporate Your Content into any form, medium, or technology throughout the world without compensation or acknowledgement to you, subject to our Online Privacy Notice. You also agree that we may remove any metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms or if you otherwise create liability for us.
Accessibility
Howard is committed to web accessibility for all, regardless of ability or disability. You can review Howard’s accessibility statement. Howard’s commitment to accessibility is informed by web accessibility standards. If you have any questions or concerns about accessibility, please contact us via email at webservices@howard.edu.
Copyright Infringement and Trademark Rights
We respect the intellectual property rights of others. Accordingly, we have a policy of removing Content that violates copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
Your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and email address);
- Contain a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at takedownrequest@howard.edu. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
If you believe Your Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our copyright agent (contact information provided above). Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.
Separate Terms and Conditions
From time to time in connection with your use of the Services or other interactions with us, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions. Unless otherwise expressly stated, any such terms will not vary or replace these Terms regarding any use of the Services.
Charges for Using the Services
We currently provide the Services to you free of charge. However, when you use the Services, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
Accuracy of Information
Although we attempt to maintain the integrity and accuracy of the information on the Services, we make no guarantees as to the correctness, completeness, or accuracy of such information. The Services may contain typographical errors, inaccuracies, or other errors or omissions. We disclaim any duty or obligation to update any such information, including news and press releases about us, and your reliance on information contained in these materials is at your own risk.
Disclaimer
WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS WITH OR ON THE SERVICES; ANY FAILURES, DELAYS, OR INTERRUPTIONS WITH THE SERVICES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO THE DEVICES OR SYSTEMS YOU USE TO ACCESS THE SERVICES; OR ANY CONDUCT BY USERS OF THE SERVICES. HOWARD DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE HOWARD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE RESERVE THE RIGHT TO WITHDRAW OR AMEND THE SERVICES, AND ANY SERVICE OR MATERIAL WE PROVIDE ON THE SERVICES, IN OUR SOLE DISCRETION WITHOUT NOTICE. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SERVICES IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SERVICES, OR THE ENTIRE SERVICES.
Limitations of Our Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold us, and each of our employees, trustees, and agents, harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Services or your violation of any law or the rights of any third party.
Governing Law
These Terms and any amendments thereto shall be governed and construed in accordance with the laws of the District of Columbia, United States, without regard to principles of conflicts of laws.
Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Investigations; Cooperation with Law Enforcement
We reserve the right to investigate and prosecute any suspected breaches of these Terms. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
Contact Us
If you have any questions about these Terms or the Services, please contact us at:
Office of University Communications
202-806-2509