Terms & Conditions of Use
TERMS AND CONDITIONS OF USE AGREEMENT FOR THE USC RACE AND EQUITY CENTER’S PRISM SITE AND APPS
Last Revised Nov 26, 2018
About the USC Race and Equity Center’s PRISM Platform
Thank you for your interest in the USC Race and Equity Center’s (the “Center”) PRISM Platform (“PRISM”). PRISM is a searchable database and recruitment tool, a social networking platform for racially and ethnically diverse employees, and a professional learning resource for employers and job seekers. It aims to connect employers with diverse employees who work in higher education, and with experienced career-switching professionals from other industries who aspire to bring their talents and transferrable skills to full-time jobs on college and university campuses. PRISM also connects professionals of color with other racially and ethnically diverse colleagues who do similar work in postsecondary contexts.
IMPORTANT NOTICE TO ALL USERS: BECAUSE OF THE TYPE AND NATURE OF INFORMATION AVAILABLE OR ACCESSIBLE THROUGH PRISM, YOU MUST FIRST MAKE SURE THAT YOUR USE OF PRISM DOES NOT VIOLATE ANY LAWS OR RULES THAT MAY BE APPLICABLE TO YOU, INCLUDING BUT NOT LIMITED TO ANY STATE OR FEDERAL LABOR OR EMPLOYMENT LAWS.
Your Acceptance of This Agreement
The University of Southern California (“USC”), the Center, and each of our officers, agents, employees, representatives, subsidiaries, and affiliates are collectively referred to herein as “we”, “us”, or “our”.
Your Responsibility to Comply with All Applicable Laws
You acknowledge and agree that you will only use, access, or visit PRISM, the Website, or any other Site in a manner that will not violate any laws or rules that may be applicable to you, and that you are solely responsible for complying with all applicable laws. Personal information that may be disclosed or revealed on the Sites include but are not limited to information about a person’s race, color, national origin, nationality, ancestry, membership to any Native American tribe, sex, gender, gender identity, gender expression, and age.
Before using or accessing such information, you are strongly encouraged to review all laws or rules that may be applicable to you. This may include but not limited to the Title VII of the Civil Rights Act of 1964, as amended and codified at 42 U.S. Code sections 2000e et seq.), the Age Discrimination in Employment Act (codified at 29 U.S. Code sections 621 through 634), federal Equal Pay Act (codified at 29 U.S. Code section 206(d)), the Americans With Disabilities Act of 1990 (codified at 42 U.S. Code sections 12101 et seq.), California Fair Employment and Housing Act (codified at Government Code sections 12900 et seq.), California Equal Pay Act (codified at California Labor Code section 1197.5), California Fair Pay Act (codified at California Labor Code section 432.3), the Unruh Civil Rights Act (codified at Civil Code section 51), the Ralph Civil Rights Act (codified at Civil Code section 51.7), the Tom Bane Civil Rights Act (codified at Civil Code section 52.1), and all other federal, state or local laws rules that may be applicable to you.
We make no representation that any information available through the Sites conform to any laws or rules that may be applicable to you or to your use and access of such information, and expressly disclaim any liability for your use or access of such information. You agree that before using or accessing any Site, you have investigated and (to the fullest extent applicable), consulted with your own legal counsel or advisor that your use or intended use and access of the Site does not violate any applicable laws or rules.
You warrant and represent that you are either 18 years of age or older. Please do not use the Sites if you are under 18 years of age. We do not knowingly collect, either online or offline, personal information from persons under the age of 18.
Ownership and Proprietary Rights
All content included on the Sites that are protected under applicable copyright law, patent law, trademark law, and other laws protecting proprietary rights, including but not limited to text, graphics, videos, images, music, sounds, source code, user generated content and compilations of individual data, trademarks, and other proprietary information (collectively, “Proprietary Information”) is and shall continue to be our property, or the property of its content suppliers.
Unauthorized copying, downloading, recording, redistribution, use or publication by you of any Proprietary Information or any part of the Sites, in whole or in part, is strictly prohibited (except as may be expressly permitted in this Agreement), and may subject an individual or entity to penalties for copyright infringement, violation of other intellectual property laws, violation of privacy rights, or violation of other rights or interests protected under applicable law. Under no circumstances will you acquire any ownership rights or other interest in any Proprietary Information by or through your use of the Sites.
Your Use of the Sites
We grant you a limited, revocable, nonexclusive license to use the Sites solely for your own personal, educational, and non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on or download materials from the Sites, reverse engineer or break into the Sites, or use materials, products or services in violation of any law or of any violation of any term or condition contained in this Agreement. The use of the Sites is at our sole and absolute discretion, and we may terminate, restrict, or limit your use of the Sites at any time, with or without notice, for any or no reason.
You also agree not to use, copy, download, distribute, republish, or share any image, audio recording, video recording, or other Proprietary Information contained on any Site, except to the extent specifically permitted under this Agreement or applicable law, without our prior, written permission, which we may withhold in our sole and absolute discretion.
You are solely responsible for all activity associated with your account login and password, including, but not limited to, online conduct, use of PRISM and other Sites, and consequences of misuse of PRISM or other Sites. You are solely responsible for maintaining the confidentiality of your account login and password. You are required to notify Website administrator (identified below) immediately of any unauthorized use of your account login and password. Please include “Unauthorized Access” in the subject line of any email submitted.
Visiting any Site, submitting information through the Sites, and sending emails to us or our agents or representatives constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.
We reserve the right to remove any comments or feedback from its Sites, blog, or any affiliated online presences that are profane, defamatory, inappropriate, off-topic, or in violation of this Agreement in our sole and absolute discretion.
User Code of Conduct
You warrant and represent that any information, including any information or content submitted, posted, transmitted or shared by you on or through any Site shall not include any libelous, defamatory, obscene, or otherwise inappropriate or unlawful material; or violate or infringe upon the rights of any third-party, including but not limited to any and all copyright, trademark, privacy, publicity or other personal or proprietary rights.
Additionally, you warrant and represent that you will not visit or use any Site to:
• publish, upload, display, transmit or otherwise make available any content that we may, in our sole and absolute discretion, deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise (similarly) objectionable;
• engage in any unlawful conduct or act in any other manner that could damage, disable, overburden or impair the Sites;
• use automated scripts to collect information from or otherwise interact with the Sites;
• frame all or part of any Site, or use automated devices to search or scrap the Sites;
• systemically download or print materials from the Sites;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• publish, upload, display, transmit or otherwise make publicly available on the Sites any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers without their authorization;
• publish, upload, display or transmit or otherwise make available any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• obtain email addresses or other contact information of any individual from the Sites for the purposes of sending unsolicited emails or other unsolicited communications for commercial purposes and/or unrelated to your use of the Sites;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• publish, upload, display, distribute, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
• publish, upload, display or transmit or otherwise make available any material that contains software 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;
• endeavor to ascertain any source code used in connection with any Site;
• intimidate or harass any individual;
• use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Sites;
• change or delete any proprietary notices from materials downloaded or printed out from the Sites; or
• publish, upload, display or transmit or otherwise make available Content that we may reasonably deem to be objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or Site users to any harm or liability of any type.
Disputes with Other Users
You are solely responsible for your interactions with any other individual who visits or uses the Sites. Although we are not obligated to do so, we reserve the right to monitor disputes between you and any other individual who visits or uses the Sites, and the right to take any action that we, in our sole discretion, deem necessary, in keeping with this Agreement, including but not limited to the termination of an individual’s access to and use of Sites.
Disclaimers and Warranties
The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond our control. We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND THAT THE SITES, INCLUDING ANY FUNCTIONS OF THE SITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WWARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT:
(A) YOUR USE OF THE SITES OR ANY OF THE INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES WILL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THOSE MENTIONED IN THE “YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS” SECTION ABOVE;
(B) YOUR USE OF THE SITES WILL MEET YOUR REQUIREMENTS;
(C) YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(D) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR
(E) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
TO THE EXTENT THAT ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR EXCLUSION OF WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR:
(A) ANY MANNER OF USE OR ACCESS OF THE SITES BY YOU (INCLUDING ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES, OR ANY INFORMATION OR CONTENT YOU POST OR MAKE PUBLICLY AVAILABLE THROUGH THE SITES THAT DO NOT CONFORM TO LAWS OR RULES THAT MAY BE APPLICABLE TO YOU;
(B) ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; OR
(C) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, OR ANY LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES, YOUR USE OF THE SITES OR THE CONTENT ON THE SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH WE MAY MAKE TO THE SITES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITES (OR ANY FEATURES WITHIN THE SITES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITES;
(III) YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION; OR
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE OR YOU KNEW, HAVE BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Links to Other Sites
The Sites may contain links to other websites and webpages owned, maintained or operated by third-parties (“Third-Party Sites”), as well as to text, graphics, videos, images, music, sounds and information belonging to or originating from third-parties (collectively, “Third-Party Applications”). We do not investigate, monitor or review any Third-Party Sites or Third-Party Applications to ensure their accuracy, completeness or appropriateness. The inclusion of any hyperlinks from a Site located on a server that we own, maintain or operate to any Third-Party Sites or Third-Party Applications does not indicate or imply our approval or endorsement thereof, or of any products or services that might be available through Third-Party Sites or Third-Party Applications. We are not responsible for any Third-Party Sites or Third-Party Applications accessed through or linked from any Site. References to third-party products, services, or organizations do not imply our endorsement of such products, services, or organizations. If you decide to access any sites linked through or from any Site, you do so at entirely your own risk, and we are not responsible for the privacy or security practices of such other sites, and such other sites may contain commercial advertising. Use of Third-Party Sites and Third-Party Applications may also be subject to the terms and conditions of use for their sites or applications. We do not endorse any product, service, or treatment advertised on any Site.
You agree to defend, indemnify, and hold harmless us, and each of our subsidiaries, officers, directors, employees, agents, affiliates and/or licensors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from or relating to your use of the Sites or your violation of this Agreement. Your obligation to defend and indemnify us survives the termination of these this Agreement, and your use of the Sites.
Access from Foreign Locations
USC is based in Los Angeles, California, in the United States of America. We make no representation that the Sites are appropriate or available for use in locations outside of the United States, or that it provides an adequate level of data protection as required in the European Union or elsewhere. Access to the Content may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk, and you are responsible for complying with all applicable laws and regulations regarding your online conduct.
Applicable Laws and Jurisdiction
You expressly agree and consent that the exclusive jurisdiction for any dispute with us, or in any way relating to your use of any Site, resides in the state and federal courts of competent jurisdiction in Los Angeles County, State of California.
YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. ANY SUCH CLAIM OR ACTION WILL BE BROUGHT INDIVIDUALLY AND NOT ON A CLASS-WIDE BASIS. YOU KNOWINGLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY FORM OF “CLASS,” “JOINT,” OR “REPRESENTATIVE” LITIGATION AGAINST US.
You acknowledge and agree that these Terms and Conditions and this Agreement are governed by the laws of the State of California, without regard to any conflict of law or choice of law principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition contained in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Questions and Contact Information (including Our Designated Copyright Agent Under the Digital Millennium Copyright Act)
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of the Sites is University of Southern California, [ADD ADDRESS AND TELEPHONE NUMBER—THIS CAN BE THE SAME AS THE WEBSITE ADMINISTRATOR IDENTIFIED IN THE NEXT PARAGRAPH].
If you have any complaints regarding the Sites or content, questions or comments related to the Sites, or would like to request further information regarding use of the Sites or content, you may contact the Website administrator, [NAME OF THIS WEBSITE’S ADMNISTRATOR], [ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS]. You may also use the Contact Us form. [OMIT THIS LAST SENTENCE IF THE PRISM SITE WILL NOT HAVE A CONTACT US FORM THAT USERS CAN USE].
If you believe your work has been copied in any way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent designated and registered with the U.S. Copyright Office in accordance with the Digital Millennium Copyright Act (whose contact information is listed below):
1. Identification and description of the copyrighted work that you believe to be infringed, or, a representative list of such works at a single online site. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification and description of the material that you believe to be infringing and its location or to be the subject of infringing activity that is reasonably sufficient to permit us to locate the material (e.g., where the material that you claim is infringing is located on the Sites). Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf of the copyright that has been allegedly infringed.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
For notice of claims of copyright infringement on the Sites please contact:
Gus Anagnos, Chief Information Security Officer
University of Southern California
Attn: Gus Anagnos, Chief Information Security Officer
University of Southern California
Information Technology Services Division
Los Angeles, CA 90089-2812
By Phone: 213-740-5555
By Email: email@example.com
We may terminate this Agreement at any time, with or without notice, for any or no reason.
Survival of Provisions
Thank you for your cooperation. We hope you find the Site helpful and convenient to use!