1. ishark

iShark - TERMS OF USE

Last revised:  1/12/2018

Welcome to iShark!

USE OF THIS APPLICATION IS GOVERNED BY THESE TERMS & CONDITIONS.

You are interacting with iShark our application (“App”) which is owned and operated by Nova Southeastern University, Inc., (“NSU,” “we,” “our,” or “us”).  These Terms and Conditions govern your use of the App.  By using the App, you accept the App’s Privacy Policy and these Terms & Conditions.  This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Please make sure to read this agreement, because your use of the App is consent to these terms. If you do not agree to any of the updated terms, you should stop using the App.

1. Using the App.

Who can use it.  You must be at least the age of majority in the state where you live to use the App.  Use of the App by anyone under 13 years of age is strictly prohibited!

Acceptance.  Access to the App will require you to Accept these Terms of Use, the End User License Agreement and the Privacy Policy.  We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy.

Privacy Policy.  Our privacy practices are set forth in our Privacy Policy, here.  By use of the App, you agree to accept the Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.

Acceptable Use Policy.  When using the App, you agree to abide by common standards of etiquette and act in accordance with the law, and you agree not to use the App to take any action or actions that:

  • are contrary to Houzz's public image, goodwill or reputation;
  • promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
  • infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  • violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  • restrict or inhibit any other user from using the App, including, without limitation, by means of "hacking" or defacing any portion of the App;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the App;
  • remove any copyright, trademark, or other proprietary rights notices contained in the App;
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms to any third party, or otherwise commercially exploit or profit from the information or content of the App, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  • "frame" or "mirror" any part of the App without our prior written authorization;
  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of NSU or its licensors or suppliers;
  • involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the App or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents, authentication and security measures;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the App 's servers or any data not intended for you;
  • harvest or collect information about any App users without their express consent; and/or
  • contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.

Termination.  You may close your account at any time by deleting the App.  We may permanently or temporarily suspend your use of the App at any time for any reason, without any notice or liability to you.  We may terminate your account at any time for any or no reason, including if you violate any policy (including the Acceptable Use Policy).  Upon termination of your use of the App, certain provisions will survive termination, as detailed in Section __.

Feedback.  We welcome your feedback and suggestions about how to improve the App.  Feel free to submit feedback at mobilehelp@nova.edu.  By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

2. Your Content.

Definition of Your Content.  The App enables you to post academic material related to your courses, including without limitation documents, presentations, photos, etc..  All material that you display on the App will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the App, Your Content may be viewed by Faculty Members and Administrators and will not be treated as private or confidential.

License and Permission to Use Your Content.  You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content.  Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law.  Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content.  If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law.  You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

Ownership.  We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement.  Further, with respect to Your Content in the form of photos, and subject to user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos.

Your Responsibilities for Your Content.  By posting Your Content on the App, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner.  This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement.  You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party.  You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.  You are responsible for ensuring that your content does not violate the App’s Acceptable Use Policy or any applicable law or regulation.  You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.

Limits.  We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy or other Policy). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice.  We do not guarantee that we will publish all of Your Content.

3. Our Content and Materials.

Definition of Our Content and Materials.  All intellectual property in or related to the App (specifically including, but not limited to our software, the App marks, the App logo, and App buttons, badges, and widgets, but excluding Your Content), is the property of NSU, its subsidiaries and affiliates or its licensors (“Our Content and Materials”).

Our License to You.  Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the App.  Your use of the App must be limited to personal, non-commercial use.  We may terminate this license at any time for any reason.  Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

No Endorsement or Verification.  Please note that the App enables access to third-party content, and it offers interactions with third-parties over which we have no control.  We assume no responsibility for, nor do we endorse or verify the content or conduct of third-parties.  Participation on the App does not amount to endorsement or verification by us.  We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the App by anyone.

Restrictions.  Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission.  You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the App.  You may view and print a reasonable number of copies of App pages located on the App for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Us.

Ownership.  You acknowledge and agree that the App and iShark marks will remain the property of NSU.  The content and information made available on the App are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.  You acknowledge that you do not acquire any ownership rights by using the App.

App Buttons, Links and Widgets.  You have no permission to use the App buttons, links and widgets.

4. Other Offerings on the App.

Third-Party Sites.  The App may contain links to websites (the “Third-Party Sites”) for your convenience.  We do not control the linked websites or the content provided through such Third-Party Sites.  Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use.  The availability of such links does not indicate any approval or endorsement by us.

5. Reporting Violations of Your Intellectual Property Rights, Our Policies, or Applicable Laws

We have a special process for reporting violations of your intellectual property rights or other violations of Our policies or applicable laws.

Copyright and Trademark Policy.  We have adopted and implemented a Copyright and Trademark Policy.  For more information, including detailed information about how to submit a request for takedown if you believe content on the App infringes your intellectual property rights, please read our Copyright and Trademark Policy, here.

Reports of Other Violations.  If you believe content on the App violates Our Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations), you may submit your information, here.

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.

6. Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU.

NSU MEANS NOVA SOUTHEASTERN UNIVERSITY INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, TRUSTEES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM.  EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

WE ARE PROVIDING YOU THE SITE, CONTENT, INFORMATION, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, NSU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

NSU MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THIRD-PARTY SITES AND ANY THIRD-PARTY CONTENT ACCESSIBLE TO YOU THROUGH THE SITE, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.

YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, NSU WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NSU SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF NSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE.  YOUR USE OF THE SITE, CONTENT, OR SERVICES IS AT YOUR SOLE RISK.

7. Indemnification.  You agree to fully indemnify, defend, and hold NSU and it’s Trustees, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to Us or transmit to the App infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the App or other websites to which the App is linked; and/or (d) your negligent or willful misconduct.

8. Dispute Resolution. 

Arbitration.  You and NSU agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the App (collectively “Disputes”) will be settled by first seeking to resolve any differences through discussions.  Absent any resolution through information discussions, each party retains the right to seek relief in the state Circuit Courts of the Seventeenth Judicial Circuit of the State of Florida, in Broward County.  You acknowledge and agree that you and NSU each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding.  Further, unless you and We agree otherwise in writing, the courts may not consolidate more than one person’s claims and may not preside over any form class action proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 8 will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” Section 8 will survive any termination of the Terms.

9. Miscellaneous.

Notice for California Users.  Under California Civil Code Section 1789.3, California users of the App are entitled to the following specific consumer rights notice: The services are provided by Nova Southeastern University, Inc., 3301 College Avenue, Fort Lauderdale, Florida  33314. If you have a question or complaint regarding the Service, please contact US at mobilehelp@nova.edu or by writing to our mailing address.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Controlling Law and Jurisdiction.  This Agreement shall be interpreted, enforced and construed in accordance with and governed by the laws of the State of Florida, without regard to the conflicts of laws rules of that jurisdiction.  Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the exclusive jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs.  The parties hereto consent to this limitation of jurisdiction and venue and waive any objections that they may have regarding these issues.

Export.  The App is controlled and operated from our United States offices in Florida.  App software is further subject to United States export controls.  No software for the App may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations.  You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

Changes.  We reserve the right at any time to change the terms and conditions of this agreement, consistent with applicable law; change the App, including eliminating or discontinuing any information or other features in whole or in part; and deny or terminate your account, or use of and access to the App.  Any changes we make to these Terms of Use will be effective immediately upon our making such changes available on the App, and posting notice of such changes on the App or in another manner in our reasonable discretion.  You agree that your continued use of the App after such changes constitutes your acceptance of such changes.  If you do not agree with any of the updates to this agreement, you should not use the App.  Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use.

Languages.  English is the authoritative text of this agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into the native languages in certain countries.

Assignment.  No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void.  We may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.

Waiver.  Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.

Headings.  Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Further Assurances.  You agree to execute a hard copy of this agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.

Entire Agreement/ Severability.  This agreement supersedes all prior terms, agreements, discussions and writings regarding the App and constitutes the entire agreement between you and us regarding the App.  If any provision in this agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

Survival:  The following provisions will survive expiration or termination of this agreement: Section 2, Section 3, Section 6, Section 7, Section 8 and Section 9.

Contact.  Feel free to contact us by visiting mobilehelp@nova.edu with any questions about these Terms of Use.