National University System
Social Media Terms of Service
Terms of Service
Use of National University System Social Media (NUSSM) properties, such as Facebook, Twitter, LinkedIn, Flickr, YouTube, etc., is governed by these National University System Social Media Terms of Service, together with the National University System Privacy Policy (known collectively as the "Terms"). The Terms describe the permitted and prohibited uses of NUSSM. The access or use of NUSSM evidences the acceptance of the most current version of the Terms, and any related rules and guidelines posted on the National University System's branded websites. By posting, using, accessing and/or viewing content on or to the NUSSM, you accept, without limitation or qualification, the following Terms. If you do not agree to the Terms, then you may not view or post any content on or to the NUSSM. The use of NUSSM constitutes full acceptance of the Terms and has the same legal impact as a physically signed written agreement.
National University System reserves the right to modify the Terms at any time, effective upon posting of the modified Terms on the National University System website, www.nu.edu, or, in the case of the National University System Privacy Policy, on any other National University System-sponsored website. National University System also reserves the right to apply, waive, or modify these Terms as they apply to a specific posting and user without affecting the application of these Terms to all other postings and users.
The term "posting" means, (but is not limited to), “any text, links, images, videos, communications, opinions, software, data, or other content a person provides on any NUSSM, which includes (but is not limited to): message boards, chats, blogs, walls, timelines, channels, or otherwise. The use of NUSSM, or any materials or services accessible through it, after a posting or notification regarding modifications to the Terms constitutes acceptance of those modifications. The violation of any Terms may result in the suspension or termination of access or use of NUSSM.
Participating in NUSSM
The National University System Social Media properties are intended to provide participants with the opportunity to exchange useful and helpful information. All participants must be above the age of 14. The National University System may edit or remove any posting it considers, at its sole discretion, to violate the Terms.
Appropriate Conduct
Users of NUSSM are responsible for exercising careful and appropriate judgment in evaluating and taking action based on other participants' postings on said NUSSM properties, since such postings may reflect significantly different levels of knowledge and experience by participants. Users of NUSSM agree that the National University System is not responsible for the accuracy of the content of NUSSM and will not be held liable for any damages incurred as a result of participant use in any such content. Participants may post hypertext links to content hosted and maintained by third parties as long as those links contain appropriate content as per the “Posting to NUSSM” section below. The National University System has no obligation to monitor other linked sites and is in no way responsible for the content on them. Accessing any such hyperlinked sites is at the user's own risk.
Posting to NUSSM
Users of the National University System Social Media properties agree not to upload, post, or otherwise transmit any inappropriate content (text, links, communications, software, images, videos, sounds, data, etc.) that includes:
1. Any personal information, such as: full name, address, phone number, personal email address, and student identification numbers, belonging either to the poster or another person;
2. Spam, such as: website or service advertisements, commercial solicitations, chain letters, or pyramid schemes;
3. “Flooding,” such as excessive posting, padding posts, or cross-posting;
4. "Bombing," such as repetitive, meaningless or unrelated postings;
5. Profanity, and material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
6. Discussion of illegal activities or providing links to other websites containing such information;
7. Discussions that veer off topic, are unrelated to resolving the issue at hand, or abuse any company or product;
8. Discussions of designated representative actions. If you need to comment on a designated representative action, please send a message to [email protected];
9. Discussions about student performance or student records;
10. Posting of material which violates any party's copyright or intellectual property rights;
11. Posting, publishing, uploading, reproducing, transmitting or distributing content belonging to the National University System, or derivative works with respect thereto;
12. Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive components;
13. Posting a link directing users to any information or content that, if posted on NUSSM, would constitute a violation of the Terms or any State or Federal law;
14. Attacking (aka "Flaming") another user or entity in such a way as to incite or perpetuate an argument or conflict. This includes creating usernames to attack other users' identities, impersonating other individuals or falsely representing one's identity or qualifications, posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others, and posts that breach any participant's privacy by including name, address, phone, email address, or any other identifying information;
15. Posts that describe how to violate any National University System policy, term, or condition are considered unacceptable and will have the offensive language deleted.
Privacy Concerns
The National University System does not recommend users post personally identifiable information in any social media property. Any information posted on NUSSM is at the user's own risk. The National University System respects and protects the privacy of its website users. The National University System Privacy Policy provides details of the approach to privacy and how personal information is collected, used, and protected. However, please note that information posted on NUSSM is not protected and can be easily obtained and used by others.
Designated Representatives/Administrators
The National University System reserves the right to manage the postings on any of its NUSSM to provide an orderly presentation of information. To effectively manage NUSSM, the National University System may designate staff, faculty, or others to act as “Designated Representatives” and “Designated Administrators” for its properties. Designated Representatives are the only representatives of the National University System authorized to manage NUSSM and are chosen through the National University System’s Marketing department and the Office of the Chancellor. Authorized National University System staff or faculty always disclose their affiliation with the National University System before posting. The National University System is not responsible for content provided by any National University System staff or faculty who are not designated as a Designated Representative.
Community Monitoring
Social Media users are asked to help the National University System keep its NUSSM a valuable and enjoyable information resource by notifying the System of any offending messages or other violations of these Terms. To advise the System of posting violations, email us at [email protected] with a link to the applicable post. Repeat offenders will be contacted by email and may be banned from NUSSM. If violations are extreme in nature, we will contact the appropriate authorities.
Right to Use
By posting any content on NUSSM, you grant the National University System the irrevocable right to reproduce, distribute, publish, and display content and the irrevocable right to create derivative works from content, edit, or modify content, and use content for any National University System purpose.
The Terms do not limit any rights that the National University System may have under trade secret, trademark, copyright, patent, or other laws as to content posted on NUSSM.
Modification and Discontinuance of NUSSM
The National University System reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, NUSSM with or without notice. Social Media users agree that the National University System will not be liable to users or third parties for any modification, suspension, or discontinuance of NUSSM.
Termination
A social media user's privilege to utilize or access NUSSM may be terminated by the National University System immediately and without notice if the user fails to comply with any term or condition of the Terms. Upon such termination, the user must immediately cease accessing or utilizing NUSSM and agree not to re-register or otherwise make use of NUSSM. Furthermore, the user acknowledges that the National University System reserves the right to take action — technical, legal, or otherwise — to block, nullify, or deny the user's ability to access NUSSM. If any provision of the Terms is invalid or unenforceable under applicable law, then it is to be, to that extent, deemed omitted, and the remaining provisions will continue in full force. The user understands that the National University System may exercise this right in its sole discretion.
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT POSTED TO THE NATIONAL UNIVERSITY SYSTEM SOCIAL MEDIA PROPERTIES IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH THE NATIONAL UNIVERSITY SYSTEM. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE SOCIAL MEDIA USER AGREES THAT THE NATIONAL UNIVERSITY SYSTEM DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, THE USER AGREES THAT THE NATIONAL UNIVERSITY SYSTEM IS NOT LIABLE FOR, AND THE USER SHALL INDEMNIFY AND HOLD THE NATIONAL UNIVERSITY SYSTEM, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, STAFF, AND FACULTY HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH NUSSM, USE OF NUSSM, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CONTENT ON NUSSM IS "AS IS" AND CARRIES NO WARRANTIES. THE NATIONAL UNIVERSITY SYSTEM DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE NATIONAL UNIVERSITY SYSTEM SOCIAL MEDIA PROPERTIES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. NATIONAL UNIVERSITY SYSTEM DOES NOT WARRANT THAT NUSSM ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. THE NATIONAL UNIVERSITY SYSTEM IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM NUSSM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NATIONAL UNIVERSITY SYSTEM AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE NATIONAL UNIVERSITY SYSTEM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE NATIONAL UNIVERSITY SYSTEM AND THE USER.
Miscellaneous
- 1.Complete Terms. The Terms are a complete statement of the agreement between you and the National University System. The Terms set forth the entire liability of the National University System and your exclusive remedy with respect to your access and use of NUSSM. In the event of a conflict between these, the Terms, and the National University System Privacy Policy or the applicable to the National University System, these Terms prevail.
- 2. Only Authorized Modification of Terms. The agents, staff, and faculty of the National University System (including Designated Representatives) are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding to the National University System. Any waiver of the Terms by the National University System must be in writing signed by an authorized officer of the National University System and expressly referencing the applicable provisions of the Terms.
- 3. Dispute Resolution. You agree that any claims, disputes, actions or proceedings, whether under federal or State law, relating to, regarding or arising from your posting of any content on NUSSM, shall be construed under the laws of the State of California and shall be fully and finally determined or adjudicated by binding arbitration to be conducted in San Diego County, California, before a mutually agreeable arbitrator selected from the either Judicial Arbitration and Mediation services or the American Arbitration Association.
- 4. Know and follow the Terms and Conditions for Facebook and all other social media networks.
- 5. Know and follow the Policies and Procedures pertaining to your institution as outlined in the National University Academic Catalog.