Terms Of Use
ACCEPTANCE OF TERMS
International Institute of Buffalo ("IIBUFF")
makes available for your use on this website
located at http://www.iibuff.org
(the "Site") information, documents,
software and products (collectively, the "Content") and various
services (the "Services"), subject to the terms and conditions set
forth in this document (the "Terms of Use"). By accessing the Site, you
agree to the Terms of Use. IIBUFF reserves the right
to change the Terms of Use from time to time at its sole discretion
without notice. Your use of the Site will be subject to the most
current version of the Terms of Use posted on the Site at the time of
such use. There may be additional terms and conditions relating to your
use of certain portions of the Site. If you use these other portions of
the Site, you will also be bound by those other terms and conditions.
If you breach any of the Terms of Use, your authorization to use this
Site automatically terminates and you must immediately destroy any
Content downloaded or printed from the Site.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks, logos and other intellectual
property rights in the Site, any Content and any Services are owned by
and shall at all times remain the property of IIBUFF
and/or third parties. IIBUFF DOES NOT grant any
express or implied right to you under any patent, copyright, trademark
or other intellectual property right with respect to the Site, the
Content or the Services. You may only use such intellectual property as
specifically authorized by these Terms of Use. You grant
IIBUFF permission to use on the Site or in connection
therewith all comments, graphics, ideas and other information you
provide to IIBUFF through the Site, email or other
means.
COPIES
Except as specifically authorized by these Terms of Use, no portion
of the Content may be reproduced, displayed, distributed, stored or
used in any form or by any means without IIBUFF 's
prior written consent.
CONTENT
You may view, download and print the Content subject to the following conditions:
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The Content may be used solely for your personal, informational, internal and noncommercial purposes.
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The Content may not be modified or altered in any way.
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The Content may not be distributed.
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You may not remove any copyright or other proprietary notices contained in the Content.
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IIBUFF reserves the right to revoke your
authorization to view, download and print any Content at any time, and
you must discontinue any such use immediately upon written notice from
IIBUFF .
- The rights granted to you in these Terms of Use
constitute a revocable, non-exclusive, personal, non-transferable
license and NOT a transfer of title.
- Notwithstanding the foregoing, elements of the Site
(including without limitation its design and layout) are protected by
trade dress and other laws and may not be copied or imitated in whole
or in part.
USE AND PROTECTION OF ACCOUNT ID AND PASSWORD
You are responsible for maintaining the confidentiality of your account
ID and/or password, if applicable. You are responsible for all uses of
your account, whether or not you actually or expressly authorize them.
WARRANTIES AND DISCLAIMERS
THE SITE, ALL CONTENT AND ALL SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, IIBUFF MAKES NO WARRANTY THAT (i) THE
SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR
CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE
CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM
THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE
SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED
WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
The downloading or other acquisition of any Content, Services or
products through the Site is done at your own discretion and risk and
with your agreement that you will be solely responsible for any damage
to your computer system, loss of data or other damage or loss that
results from any such downloading or acquisition. No advice or
information, whether oral or written, that you obtain from
IIBUFF or through or from the Site will create any
warranty not expressly stated in these Terms of Use.
The Site contains links to third-party websites that are not under
IIBUFF 's control. IIBUFF makes no
representations whatsoever about any other website to which you may
have access through the Site. When you access a website other than the
Site, you do so at your own risk and IIBUFF is not
responsible for the accuracy or reliability of any information, data,
opinion, software, advice, content or statements contained on these
websites or for the quality of any products or services available on
these websites. IIBUFF provides these links merely as
a convenience and the inclusion of such links does not imply that
IIBUFF endorses, recommends or accepts any
responsibility for the content or use of these websites.
IN NO EVENT WILL IIBUFF BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE
OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES OR
ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT
LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL
OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT
IIBUFF COULD HAVE FORESEEN THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
YOUR INFORMATION
Refer to the IIBUFF Privacy Policy posted on the Site
to learn how IIBUFF protects your personal
information. To the extent you provide any information to
IIBUFF while using the Site, you represent and
warranty that all such information is accurate and complete in all
respects.
TERMINATION AND MODIFICATION
IIBUFF may modify or terminate the Site, any Content
and any Services, including without limitation the prices and
descriptions of any products or Services listed on the Site, at any
time without notice. The Content or Services may be out of date, and
IIBUFF makes no commitment to update any Content or
Services.
INAPPROPRIATE BEHAVIOR
Any of the following may result in your suspension or permanent
expulsion from the Site. The sole test of whether or not you have
engaged in such behavior is IIBUFF 's own discretion.
Certain behaviors also may result in criminal or civil action.
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Use of vulgar or offensive language, including in your username or email address.
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Perpetration of illegal, abusive or unethical activity.
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Threat of physical violence.
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Threat of destruction of property.
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Harassment of any person.
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Making any racially, sexually or otherwise offensive comment.
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Distribution of obscene material or use of obscene or sexually suggestive language.
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Violation of privacy, including without limitation the involuntary
public disclosure of a third party's phone number, mailing or email
address or other personal or private information.
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Defacement of any part of the Site.
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Hacking, the deliberate distribution of a computer virus or any access
or attempt to access other areas of any computer equipment on which the
Site is located or other information contained on such computer
equipment for any purpose.
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Gambling or promotion of gambling.
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Infringement of the intellectual property or other proprietary rights of any party.
INDEMNITY
You agree to indemnify and hold harmless IIBUFF and
its subsidiaries, affiliates, officers, agents, affiliates, co-branders
and employees from and against any cost, expense, indebtedness,
liability, loss, claim or demand, including without limitation
reasonable attorneys' fees and disbursements, arising out of content
you submit, post to or transmit through the Site, your use of the Site
or any Content or Services, your connection to the Site, your violation
of these Terms of Use or your violation of any rights of
IIBUFF or any other individual or entity.
NOTICES
You may send notices to IIBUFF at
iib@iibuff.org . Any notice will be effective upon actual
receipt by IIBUFF . IIBUFF may send
notices to you through e-mail, regular mail or a posting on the Site.
Any such notice will be effective upon actual receipt by you in the
case of e-mail or regular mail or upon posting on the Site.
GOVERNING LAW AND JURISDICTION
These Terms of Use (i) may be amended by IIBUFF at
any time by posting an amendment on the Site, whether or not you
actually receive notice of the amendment, or by you and
IIBUFF in a writing executed by you and
IIBUFF , (ii) inure to the benefit of, and are binding
upon, you and IIBUFF and each of your and
IIBUFF 's successors and assignees, except that you
may not assign any of your obligations under these Terms of Use without
IIBUFF 's prior written consent, (iii) are governed by
and will be interpreted and enforced in accordance with the laws of the
State of New York, without regard to principles of conflict of laws and
(iv) constitute the entire agreement between you and
IIBUFF with respect to the subject matter hereof, and
supersede all prior oral and written proposals, representations,
understandings and agreements. You and IIBUFF will
submit any dispute relating to the Site, the Content, the Services or
these Terms of Use exclusively to a federal or state court located in
the County of Erie, New York and consent to its being a proper venue
for such dispute. IIBUFF makes no representation that
the Site, the Content or the Services are appropriate or available for
use in locations other than the State of New York, and accessing them
from territories where they are illegal is prohibited. Those who choose
to access this Site from other locations do so exclusively on their own
initiative, for their own purposes, and are responsible for compliance
with local laws.
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