Terms and Conditions
Last Update: February 20, 2013
Terms and Conditions
These are the Terms and Conditions (“Terms and Conditions”) governing your access or use of the Cargill Global Scholars Program website (the “Website”), which is operated by the Institute of International Education (“IIE”). Access or use of the Website by you constitutes your agreement to these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, you are not authorized to use the Website. Please note that you are not required to use the Website in order to submit an application for the Cargill Global Scholars Program. As used herein, “you” or “your” shall mean the person or entity that accepts these Terms and Conditions, and “we”, “us” or “our” shall mean IIE.
These Terms and Conditions are subject to change from time to time in our sole discretion, and any changes will be effective immediately upon posting on the Website. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes. You can determine when these Terms and Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms and Conditions. Your continued use of the Website after such changes will indicate your acceptance of such changes. We are committed to providing quality content to our visitors and encourage you to contact us if you have questions about these Terms and Conditions using the following:
Cargill Global Scholars Program
Institute of International Education, Inc.
One World Trade Center, 36th Floor
New York, NY 10007
Conditions of Use; Impermissible Use of the Website
The Website is provided for your personal and non-commercial use and for informational purposes only. The purpose of the Website is to provide information about the Cargill Global Scholars Program, access to the alumni database, resources for current award winners, and online and paper-based applications. All materials are copyrighted and are provided solely for personal and institutional purposes, and not for commercial use. We reserve the right to modify the Website and any of its content, and to restrict your access to all or any portion of the Website at any time in our sole discretion. You agree to comply with all applicable laws when using this Website.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Website to any third party.
Registration and Password Security
You may use the Website without registration, but in order to take advantage of some aspects of the Website, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
IIE may permit you to upload content to use in connection with features available on the Website (“User Content”). You hereby grant IIE a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. Furthermore, you expressly agree that IIE shall own exclusive rights (including all intellectual property and other proprietary rights) to, and shall be free to use, any ideas, concepts, know-how or techniques contained in any User Content or communication you send to us, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. IIE is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms and Conditions. IIE may include, edit or remove any User Content at any time without notice in our sole discretion.
Acceptable Use Policy (“AUP”)
You are solely responsible for the User Content that you post on the Website or transmit to other users (including emails) and agree that IIE is not responsible or liable for any User Content from other users that you access on the Website. You may not post any User Content unless you have the right to upload such content to the Website. You may not post any content that: (i) is defamatory, abusive, obscene, profane or offensive; (ii) infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have authority from the owner of such materials to post on the Website); (iii) violates any party’s right of publicity or right of privacy (such as a photo of another person without their permission); (iv) is threatening or harassing; or (v) is illegal or violates any applicable law, rule, regulation, agreement or obligation.
If you notice any violation of this AUP or other unacceptable behavior by any user, you should report such activity to IIE at email@example.com.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website by third parties not within our control. IIE is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, IIE respects the copyright interests of others. It is IIE’s policy not to permit materials known by IIE to infringe another party’s copyright to remain on the Website.
If you believe any material on the Website infringes a copyright, you should provide IIE with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us 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;
(v) 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
(vi) 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.
All DMCA notices should be sent to IIE’s designated agent as follows:
Cargill Global Scholars Program
Institute of International Education, Inc.
One World Trade Center, 36th Floor
New York, NY 10007
It is IIE’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
IIE or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on the Website without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by IIE and its licensors.
Disclaimers & Limitation of Liability
IIE endeavors to keep all its Website content accurate and up to date, but makes no warranties or representations regarding the accuracy or completeness of such content. All users agree that all access and use of the Website and externally-linked pages are at the user’s own risk. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND NEITHER IIE, NOR CARGILL, INCORPORATED (“Cargill”), NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS, BUSINESS PARTNERS OR AGENTS (COLLECTIVELY, THE “DISCLAIMING PARTIES”), MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DISCLAIMING PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE DISCLAIMING PARTIES WARRANTS THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
NEITHER THE DISCLAIMING PARTIES NOR ANY OTHER PARTY INVOLVED IN THE CREATION OR DELIVERY OF THE WEBSITE SHALL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR OTHER LOST OPPORTUNITIES (EACH OF WHICH IS HEREBY EXCLUDED BY MUTUAL AGREEMENT), OR THOSE THAT MAY RESULT FROM (I) THE INACCURACY, INCOMPLETENESS OR CONTENT OF, OR SERVICES AVAILABLE THROUGH, THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, (III) ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY DATA STORED THEREIN, OR (IV) ANY VIRUSES, MALWARE OR THE LIKE TRANSMITTED FROM THE WEBSITE OR ANY THIRD PARTY SITE, REGARDLESS OF WHETHER THE DISCLAIMING PARTIES OR ANY SUCH OTHER PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO YOUR ACCESS, USE, OR INABILITY TO USE THE WEBSITE, OR ANY INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE (INCLUDING BUT NOT LIMITED TO, ITS CONTENT). YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE ARISING OUT OF YOUR USE AND/OR ACCESS OF THE WEBSITE. YOU AGREE THAT IN NO EVENT SHALL THE DISCLAIMING PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID IIE FOR USE OF THE WEBSITE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless IIE and Cargill, and each of their respective officers, directors, employees, shareholders, affiliates, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by IIE); or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The laws of the State of New York shall govern these Terms and Conditions, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in New York, New York, for all matters or disputes arising out of or relating to these Terms and Conditions or your access or use of the Website.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
If any term or provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be ineffective but shall not affect any other terms or provisions of these Terms and Conditions.
The failure of IIE to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by IIE or be deemed a waiver by IIE of any subsequent breach by you of the same or any other term of these Terms and Conditions. IIE’s rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit IIE’s right to exercise any other right or remedy.
The Website is provided from the U.S.A. and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. IIE makes no representations regarding the legality of the Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Successors and Assigns; Third Party Beneficiaries
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Cargill is an intended third party beneficiary of these Terms and Conditions, and Cargill shall have the right to enforce these Terms and Conditions. Except as expressly provided otherwise herein, there shall be no other third party beneficiaries to these Terms and Conditions.