Last Revision: 1/14/2020
Your use of this website is subject to certain terms and conditions. The above linked Terms of Use, Community Participation Guidelines and University Privacy Policy (collectively the “Terms and Conditions”) apply to your use of the MyWharton Community (the “Community”).
Acceptance of Terms:
By accessing and using the Community, or by clicking “I Accept” when signing up for a Community user account, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not authorized to use the Community. We may make modifications to any of the Terms and Conditions at any time, and such modifications will be effective upon posting. Your continued use of the Community after any such modifications shall indicate your agreement with the modified terms.
Additional Terms
Some portions of the Community may have additional rules, guidelines or terms posted. If there is a conflict between the Terms and Conditions and the rules, guidelines or terms posted for a particular area of the Community, the latter will prevail regarding your use of that area of the Community.
Content
The Community contains certain material, such as text, graphics, images, video, audio and other material posted or uploaded by or on behalf of The Wharton School and its staff (the “Wharton”) (collectively referred to as the “MyWharton Content”). The MyWharton Content may be owned by us or may be provided through an arrangement we have with others, such as our Service Providers and their partners, sponsors, or affiliates. The MyWharton Content is protected by copyright under both United States and foreign laws and may not be modified or altered in any way. Unauthorized use of the MyWharton Content may violate copyright, trademark, and other laws. You have no rights in or to the MyWharton Content, and you may not use the MyWharton Content except as specifically provided in these Terms of Use. No other use is permitted without prior written consent from us and the owner of the Content. If you violate any part of these Terms of Use, your permission to access and/or use the MyWharton Content and the Community automatically terminates.
User Content
The Community permits the submission of content at the direction of users of the Community (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Wharton is not responsible to maintain any confidentiality with respect to any submissions you make, and any User Content. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. We also reserve the right to decide whether User Content is appropriate and complies with these Terms of Use for copyright infringement and violations of intellectual property law, as well as other violations, such as, but not limited to, pornography, obscene or defamatory material, off-topic content, offensive or inappropriate content, or excessive length. We may remove any User Content and/or terminate your access for uploading any material deemed to be in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
You acknowledge that as a registered participant, your full name and other personally identifiable information will be publicly available on the Community . You represent that all information you submit to the Community, including your profile, is accurate and current. If we believe that your information is inaccurate or not current, you acknowledge that we have the right to suspend or terminate your use of the Community. You agree that we may contact you and send you information and/or notices concerning the Community or your account by email or other means that utilize the contact information you provide to us.
Links to External Sites
The Community may contain links to third-party websites (“External Sites”). These links are provided only as a convenience to you and not as an endorsement by us of the content of such External Sites. The content of such External Sites is provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding those links or any content located on such External Sites. In addition, some areas of the Community may contain links to External Sites posted, stored, or displayed by users of the Community. You visit those External Sites at your own risk and we and our Service Providers cannot accept any responsibility or liability.
Permitted Use
The Community is for your personal use only and the MyWharton Content and User Content (collectively, the “Content”) may not be used in connection with any commercial endeavors (e.g., sale, resale, rent or lease of the Community or its Content) except those that are specifically approved by the owner of the Content in writing. You may not engage in the following activities: (i) collecting names and/or email addresses of other users by electronic or other means in a manner or for a purpose that has not been authorized by those users, (ii) scraping, extracting or mining data, or engaging in any similar activity from or in the Community or otherwise collecting personal information about other Community users without their consent, (iii) any use of the Community, which in our or our Service Provider’s sole judgment, impacts the reliability, speed, or operation of the Community or damages, disables, overburdens or impairs any Community or related accounts, hardware or software, systems or networks and (iv) any use of the Community which is in violation of the Terms and Conditions.
You may not attempt to gain unauthorized access to any parts of the Community or any related accounts, computer systems or networks by any robot, spider, scraper, automated means, or otherwise.
You may not pose as another person or falsely state or imply that you are any other person or entity. You may not submit or post content in exchange for compensation or other consideration from another party. You may not use the Community to publish or distribute commercial messages (including but not limited to solicitation of lawsuits) or violate any antispam law. You may not store, link to or transmit material which we consider in our sole discretion to be infringing, libelous, unlawful or tortious, vulgar, offensive, harassing, abusive, pornographic, obscene or otherwise inappropriate or that we reject for any other reason. You further agree not to store or transmit material in violation of third party privacy or publicity rights.
You may not use the Community to store or distribute malicious code or malware, or viruses, worms, bugs, or Trojan horses or to engage in phishing or other deceptive activity, or otherwise interfere with or disrupt the integrity or performance of the Community or any data therein.
You may not access, download, use or export the Community, or the Content provided on the Community, in violation of applicable export laws or regulations. You also agree to use the Community only for its intended purpose and in compliance with all applicable laws and regulations.
You agree not to link to any content that would violate the Terms and Conditions if submitted directly by you. You further agree not to submit or link to content that infringes or violates the intellectual property or other rights of any party or violates any other party’s privacy or publicity rights.
Kindly remember that you may be providing content accessed by international users and submittals that do not seem offensive or inappropriate to you might seem so to those from other cultures.
We may modify the functionality of the Community at any time in our sole discretion, and such modifications may result in a loss of data associated with that functionality. We also reserve the right, in our sole discretion and at any time, and without notice to you, to remove, or refuse to post any content submitted by you or to suspend or terminate your access to the Community immediately without any liability if, in our sole determination, you have violated the Terms and Conditions or we determine that your continued participation will be detrimental to the Community or its users.
Community Use – Analytics
MyWharton may track and analyze your use of Community, including, but not limited to, data submitted, for the purposes of helping MyWharton improve both the Community and participant experience in using Community. MyWharton may disclose data about your use of Community to third parties to assist MyWharton in such tracking or analysis, or where required by law.
Password Protection:
Access to, and use of, password protected areas of the Community is limited to authorized users only, and you may not share your password(s), account information, or access to the Community. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Community. You agree to use reasonable efforts to prevent unauthorized access to or use of the Community, and notify us promptly of any such unauthorized access of your password(s) or account(s).
Copyright
If you are a copyright owner or an agent thereof and believe that any User Content or MyWharton Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit Wharton to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is Nick Falcone in the Office of Information Security: dmca@isc.upenn.edu. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Community.
Indemnification
You agree to defend, indemnify, and hold Wharton harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the Terms and Conditions or your uploading of, access to, or use or misuse of the MyWharton Content, User Content or the Community. Wharton shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Wharton reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting defense of such matter.
Disclaimer of Warranty and Limitation of Liability
WHARTON, THE SERVICE PROVIDERS, AND OUR RESPECTIVE DIRECTORS/TRUSTEES, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE MYWHARTON CONTENT AND/OR USER CONTENT), OR THE COMMUNITY, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WHARTON NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE COMMUNITY AND MYWHARTON CONTENT AND THE USER CONTENT AT YOUR OWN RISK. NEITHER WHARTON NOR OUR SERVICE PROVIDER WARRANT THAT THE COMMUNITY WILL OPERATE ERROR FREE OR THAT THE COMMUNITY, ITS SERVER, OR MYWHARTON CONTENT OR THE USER CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE COMMUNITY OR MYWHARTON CONTENT OR THE USER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WHARTON SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE COMMUNITY AND MYWHARTONCONTENT AND THE USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WHARTON HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL WHARTON BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE COMMUNITY AND MYWHARTON CONTENT AND THE USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WHARTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, WHARTON AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Proprietary Rights/Privacy
You hereby grant to Wharton a perpetual, worldwide, fully paid up, irrevocable right and license to use, copy, modify, publish, republish, distribute, display, perform and create derivative works based on any content or material you contribute to the Community in any form, subject to the rights expressly granted hereunder. Wharton reserves all rights, title and interest in and to all intellectual property rights in the Community and the MyWharton Content, including but not limited to its user software, branding, content, and underlying technology. No rights are granted to you other than as expressly set forth herein.
Subject to the above, we will treat your personal information submitted to the Community in accordance with the University Privacy Policy.
Screening
Wharton undertakes no obligation to screen, moderate, monitor or edit any and all User Content, but Wharton may do so at our sole discretion without notice. Wharton reserves the right to investigate violations of the Terms and Conditions.
Wharton may release information concerning your use of the Community (including posted content, registration information, and network records) when we believe such a release is appropriate to comply with the law; to enforce or apply the Terms and Conditions; to protect Wharton’s rights or property; to protect against fraudulent, abusive or unlawful use of the Community; or if we reasonably believe that a situation involving imminent danger to any person requires disclosure. To report a possible violation of the Terms and Conditions please email Wharton Computing, support@wharton.upenn.edu, with appropriate details, including your contact information.
General
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wharton and our Service Providers without restriction. These Terms of Use are governed by the internal substantive laws of Pennsylvania, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Pennsylvania.
If any provision of these Terms of Use 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 the Terms of Use, which shall remain in full force and effect. Failure to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against Wharton unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you, the Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The Terms and Conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees.