Universal Design Consortium Inc. © 2010 All rights reserved | Privacy Policy | Terms of Use
· Terms of Use
The Terms of Use define the relationship between Universal Design
Consortium, Inc. a Texas corporation ("LLC"), and you, a user of the UDC Web site
(also referred to as UDCINC.ORG), and the entity you represent (hereinafter collectively
"you" or "your"). The section headings and subheadings contained in this Agreement
are included for convenience only, and shall not limit or otherwise affect the terms
of this Agreement. Your use of this Web site is contingent upon your agreement to
these Terms of Use. By you accessing and using this Site you are agreeing to these
Terms of Use. You should visit this page periodically to review the current Terms
of Use. If you do not agree with this Agreement, your sole recourse is not to use
the Site.
Universal Design Consortium (UDC) strives to provide accurate and current information on all material presented on the Web Site. UDC does not assume any responsibility for the accuracy of the information or specifications provided. Specifications and content are subject to change without notice.
· Privacy and Protection of Personal Information
Universal Design Consortium respects
your desire for privacy. Please see the UDC Privacy Policy here for disclosures relating
to the collection and use of your information. By using the Web site, you are consenting
to the processing of your data by UDC and consenting to the terms of our Privacy
Policy
· Materials Available on this Site
For your convenience, Universal Design Consortium
makes available on this Site various tools, utilities, software, forums, documents
and other materials for use and/or download without charge. All of these materials,
including any updates, enhancements, new features, and/or the addition of any new
web properties, are subject to the Terms of Use. UDC does not make any assurance
with regard to the accuracy of the results or output that derives from use of this
Site. You should not assume that the Materials on this Web site are continuously
updated or otherwise contain current information. Please respect the intellectual
property rights of others when using the materials available on this Site.
· General Use
Unless otherwise specified, and excepting third party materials, the
materials on this Web site are for your personal and non-
U.S. Government Restricted Rights -
· Third Party Materials
For your convenience, Universal Design Consortium makes available
on this Site various tools, utilities, software, documents and other materials for
use and/or download without charge (Freeware). UDC does not make any assurances with
regard to the accuracy of the results or output that derives from use of any Freeware.
Please respect the intellectual property rights of others when using the Freeware
made available on this Site. UDC may add or remove Freeware from the Site at any
time without notice.
No Support Provided -
UDC endeavors to include useful Freeware on this Site. However,
no support is provided for the Freeware and you copy and use it at your own risk.
Freeware Use License -
The Freeware is the copyrighted work of UDC and/or other third
parties. Use of the Freeware is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Freeware. You will be unable to
install Freeware that is accompanied by or includes an end user license agreement,
unless you first agree to its terms. If no end user license agreement accompanies
or is included with the Freeware, then the following end user license terms apply:
UDC grants you, the end user, a nonexclusive, nontransferable license to copy and
use the Freeware only for your internal purposes. You may not copy or use the Freeware
for others. COPYING OR REPRODUCTION OF THE FREEWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY AN END USER LICENSE AGREEMENT ACCOMPANYING
SUCH FREEWARE. If the Freeware is machine-
WARRANTY DISCLAIMER AND LIMITATION ON LIABILITY -
THE FREEWARE AND SITE CONTENT IS
PROVIDED "AS IS" AND UDC HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES AND
CONDITIONS WITH REGARD TO THE FREEWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
UDC DOES NOT WARRANT
THAT THE SITE CONTENT OR FREEWARE WILL BE FREE FROM ERRORS, OMUDCIONS, INTERRUPTIONS,
DEFECTS, VIRUSES, MALICIOUS CODE OR OTHER DAMAGING ELEMENTS.
Export and Import Controls -
You will not transfer, export, or reexport the Freeware,
any related technology, or any direct product of either except in full compliance
with the export controls administered by the United States and other countries and
any applicable import and use restrictions. You hereby agree that you will not export
or reexport such items to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entity
List, or to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, as the same may be
revised from time to time, or for use with chemical or biological weapons, sensitive
nuclear end-
· Trademarks
The UDC Web site and its content are protected by United States and
international copyright, trademark, and other laws. UDC' company names and logos
and all related product and service names, design marks and slogans are the trademarks
or service marks of UDC or its subsidiaries. You may not use any UDC company name
or mark in any advertising, publicity or in any other commercial manner without the
prior written consent of UDC. Request for authorization should be made to UDC' Legal
Counsel at (806) 928-
· Ownership, Restrictions on Use
All materials contained in this Site, including
software available for download, except third-
a) The copyright notice appears in all copies and that both the above copyright notice
and this permission notice appear;
b) You will not copy or distribute graphics separate
from their accompanying text and you will not quote materials out of their context;
c)
The use of such documents is for informational and non-
d) No modifications of any documents are made.
Accredited educational institutions, such as K-
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this Web site. Those elements of the Web site are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web site may be copied or retransmitted unless expressly permitted by Universal Design Consortium.
· Submission of Content
Unless otherwise specified, UDC does not claim ownership
of the materials you provide to UDC (including, without limitation, information,
freeware, ideas, concepts, techniques, feedback, data, questions, comments and suggestions,
or the like) or post, upload, input or submit to the Web site or its associated services
for review by UDC, the general public, and/or by the members of any public or private
community (each a "Submission" and collectively "Submissions"), and such Submissions
shall be deemed not to be confidential. However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Universal Design
Consortium, its affiliated companies and necessary sublicensees a perpetual, royalty-
No compensation will be paid with respect to the use of your Submission, as provided herein. UDC is under no obligation to post or use any Submission you may provide and UDC may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures or that
are otherwise graphical in whole or in part ("Images"), you warrant and represent
that
(a) you are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use and as
otherwise permitted by these Terms of Use and the Web site,
(b) you have the rights
necessary to grant the licenses and sublicenses described in these Terms of Use,
and
(c) that each person depicted in such Images, if any, has provided consent to
the use of the Images as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction of such
Images.
By Posting Images, you are granting
(a) to all members of your private community
(for each such Images available to members of such private community), and/or
(b)
to the general public (for each such Images available anywhere on the Web site, other
than a private community), permission to use your Images in connection with the use,
as permitted by these Terms of Use, of any of the services or materials on the Web
site (including, by way of example, and not as a limitation, making prints and gift
items which include such Images), and including, without limitation, a non-
You acknowledge that UDC does not pre-
You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not UDC, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the Web site. UDC does not control the Submissions posted via the Web site and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Web site, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
UDC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN UDC' PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO UDC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO UDC OR ANYONE AT UDC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT UDC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
DO NOT SEND ANY SUBMISSIONS UNLESS YOU AGREE WITH THIS SECTION.
· Communication Services
There are opportunities within the Site for you to actively
participate. Except for any disclosure by you for technical support purposes, or
as specified in our Privacy Statement, all communications from you to this Web site
will be considered non-
The Web site may contain e-
· Use the Communication Services or the Web site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
· Use any material or information, including images or photographs, which are made available through the Web site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
· Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
· Use any UDC domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
· Transmit unsolicited or bulk communications to any UDC account holder or to any UDCINC.ORG or affiliated email address (regardless of whether you use the Web site to transmit any such communication).
· Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Universal Design Consortium has no obligation to monitor the Communication Services. However, UDC reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. UDC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
UDC reserves the right at all times to disclose any information as UDC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in UDC' sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. UDC does not control or endorse the content, messages or information found in any Communication Services and, therefore, UDC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized UDC spokespersons, and their views do not necessarily reflect those of Universal Design Consortium.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
· Accounts and Profiles
You may choose to register an account or profile with UDC
to simplify your access to interactive features on the UDC Web site. By registering
with UDCINC.ORG, you agree to complete the registration process by providing us with
current, complete, and accurate information as prompted by the registration form,
and to maintain and promptly update your profile information to keep it accurate
and current. You are entirely responsible for maintaining the confidentiality of
your password and account. If you provide any information that is inaccurate or not
current, or if UDC has reason to believe that such information is inaccurate or not
current, UDC has the right to suspend or terminate your UDCINC.org registration.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify UDC immediately of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your UDCINC.ORG session at the end of each visit. UDC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by UDC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Web site
· Endorsements; Web Links
All products and service marks contained herein that are
not UDC marks are the trademarks of their respective owners. References that we make
to any names, marks, products or services of third parties or hypertext links to
third party sites or information do not necessarily constitute or imply UDC' endorsement,
sponsorship or recommendation of the third party, information, product or service.
UDC has not tested and makes no representations concerning the information provided
or made available on such sites nor the correctness, quality, performance, or acceptability
of the products or services offered by any persons or entities referenced in any
such sites. UDC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMUDCION
RECEIVED FROM ANY LINKED SITE. UDC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT UDC ENDORSES OR ACCEPTS ANY RESPONSIBILITY
FOR THE CONTENT ON SUCH THIRD-
· Advertisements and Promotions
UDC may run advertisements and promotions from third
parties on the Web site. The manner, mode and extent of advertising by UDC is subject
to change. Your correspondence or business dealings with, or participation in promotions
of, advertisers other than UDC found on or through the Web site, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. UDC is not responsible or liable for any loss or damage of any kind incurred
as the result of any such dealings or as the result of the presence of such non-
· No Support Provided
UDC endeavors to include useful materials on this Site. However,
no support will be provided for the materials you copy. You are using this Site at
your own risk.
· Warranty Disclaimer and Limitation on Liability
THE MATERIALS AND SITE CONTENT
IS PROVIDED "AS IS" AND UDC HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES
AND CONDITIONS WITH REGARD TO THE MATERIAL AND SITE CONTENT, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-
· Indemnity
You hereby release, and agree to indemnify and hold harmless Universal
Design Consortium and its subsidiary corporations and their respective officers,
employees and agents from any and all claims, demands, causes of actions, liabilities,
damages, costs and expenses, including reasonable attorneys' fees, arising out of
your use or viewing of the UDC Web site and its content.
· Export and Import Controls
You will not transfer, export, or re-
· Termination, Modifications, and Suspension
Universal Design Consortium may discontinue,
suspend, or modify the UDCINC.org Web site at any time without notice, and UDC may
block, terminate, or suspend your and any user's access to UDCINC.org at any time
for any reason in its sole discretion, even if access continues to be allowed to
others. UDC' failure to act with respect to a breach by you or others does not waive
UDC' right to act with respect to subsequent or similar breaches. The failure of
UDC to exercise or enforce any right or provision of these terms and conditions shall
not constitute a waiver of such right or provision.
· Controlling Law
These Terms of Use and your agreement to them will be governed
by Texas Law, without regard to Texas 's conflict and choice of law provisions. If
any provision is held by a court of competent jurisdiction to be illegal, invalid
or unenforceable, the remaining provisions shall remain in full force and effect
to the maximum extent permissible. In the event a dispute arises out of or relating
to these Terms or Use, or your use of or access to this site, any cause of action
with respect to UDC or this Agreement must be instituted within one year after the
claim or cause of action has risen or be barred and must be brought in a court of
competent jurisdiction within Lubbock County, Texas.
· International Availability
This site is controlled and operated by UDC from its
offices in the United States. UDC makes no representation that the materials available
on this site are appropriate or available for use in other locations, and access
to them from jurisdictions where the contents are illegal is prohibited. THE WEB
SITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN
REFERENCES OR CROSS-
· No Unlawful or Prohibited Use
As a condition of your use of this Web site, you
will not use any products or services contained herein for any purpose that is unlawful
or prohibited by these terms, conditions, and notices or by applicable law. You may
not use this Web site or its contents in any manner that could damage, disable, overburden,
or impair any UDC server, or the networks connected to any UDC server, or interfere
with any other party's use and enjoyment of this Web site or any of its products
and services. You may not attempt to gain unauthorized access to any services, accounts,
computer systems, or networks connected to any UDC server or to any of the services,
through hacking, password mining, or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made available
through this Web site.
· Revisions of Terms of Use
UDC may amend or modify these Terms of Use at any time
without notice. Any use of the site by you after such update shall be deemed to constitute
acceptance by you of such amendments or modifications. The most current version of
the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link.
To make your review more convenient, we will post a version number or date at the
bottom of this page. This Agreement may not be changed or modified without the written
consent of UDC. You should visit this page periodically to review the current Terms
of Use.