Herd Media

Bison Radio App Terms

Terms of Use Agreement

This site or application is owned or managed by Lipscomb University (“Lipscomb”), which operates or manages one or more websites or applications (each a “Lipscomb Site” and, collectively, the “Lipscomb Sites”).

Lipscomb provides this Lipscomb Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Lipscomb Sites. Your use of this Lipscomb Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Lipscomb Site. This Agreement sets forth Lipscomb’s policies with respect to its operation of the Lipscomb Sites. Other policies govern Lipscomb’s non-Internet operations. 

Certain products or services offered by this and/or other Lipscomb Sites (each a “Lipscomb Internet Service” and, collectively, the “Lipscomb Internet Services”), and certain areas within this and/or other Lipscomb Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or Lipscomb Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Lipscomb Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. 

YOU MAY NOT USE ANY LIPSCOMB SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY LIPSCOMB SITE MAY BE TERMINATED IMMEDIATELY IN LIPSCOMB’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON. 

By using this Lipscomb Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into this Agreement; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Lipscomb Site (collectively, “Device”); and (d) you will access and use this Lipscomb Site in accordance with this Agreement. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Lipscomb Site content. 

1. MOBILE DEVICES

If permitted or available through the applicable Lipscomb Internet Service, to (a) upload content to this Lipscomb Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Lipscomb Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the ”Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Lipscomb makes the Lipscomb Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Lipscomb Internet Service, including, but not limited to, if this Lipscomb Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Lipscomb Internet Service and to use any part of that Lipscomb Internet Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Lipscomb’s or this Lipscomb Site’s operations or the Lipscomb Internet Service. Any equipment or software causing interference may be immediately disconnected from the Lipscomb Internet Service and Lipscomb will have the right to immediately terminate this Agreement. If any upgrade in or to the Lipscomb Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Lipscomb Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Lipscomb Internet Service.

2. CHANGES TO THIS AGREEMENT

Lipscomb reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this Lipscomb Site and/or Lipscomb Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Lipscomb Site and/or the Lipscomb Internet Service to which the changes may apply.

3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Lipscomb has developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy, which is incorporated into this Agreement, here: www.lipscomb.edu/privacy-policy. By using this Lipscomb Site, you agree to the terms of the Privacy Policy. 

4. ACCOUNTS, SECURITY, PASSWORDS

If a particular Lipscomb Site or Lipscomb Internet Service requires you to open an account, you must complete the specified registration process by providing Lipscomb with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your sole responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lipscomb immediately of any unauthorized use of your account. Lipscomb is not 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 may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Lipscomb Internet Service.

5. USER CODE OF CONDUCT

In accessing and using this Lipscomb Site and/or the Lipscomb Internet Services, you agree that you will not:

  1. Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page);
  2. Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Lipscomb Site, or any postings which advocate illegal activity;
  3. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable;
  4. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, color, national origin, ethnicity, sex, age, disability, or veteran status;
  5. Deliver, or provide links to, any postings containing defamatory, false or libelous material;
  6. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  7. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
  8. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
  9. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  10. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references;
  11. Use this Lipscomb Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Lipscomb Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  12. Attempt to gain unauthorized access to this Lipscomb Site, any related website, other accounts, computer system, or networks connected to this Lipscomb Site, through hacking, password mining, or any other means; or
  13. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Lipscomb Site, including harvesting or otherwise collecting information about others such as email addresses.

6. FEES

Except where otherwise provided, access to and use of this Lipscomb Site and the Lipscomb Internet Services offered through it are currently available without charge. Lipscomb reserves the right to charge a fee for access to or use of this Lipscomb Site, or any Lipscomb Internet Service available on this Lipscomb Site at any time in the future. Your access to or use of this Lipscomb Site before such time does not entitle you to use of this Lipscomb Site without charge in the future.

7. DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS LIPSCOMB SITE AND/OR LIPSCOMB INTERNET SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS LIPSCOMB SITE OR LIPSCOMB INTERNET SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.  LIPSCOMB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS LIPSCOMB SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS INTERNET SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIPSCOMB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHTOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. LIPSCOMB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS LIPSCOMB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS LIPSCOMB SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. LIPSCOMB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS LIPSCOMB SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. 

LIPSCOMB IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF LIPSCOMB INTERNET SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

8. EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIPSCOMB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. LIMITATIONS ON LIABILITY

In no event shall Lipscomb, its affiliates, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Lipscomb Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including, without limitation: (a) loss of goodwill, profits, business interruption, data or other intangible losses; (b) your inability to use, unauthorized use of, or performance or non-performance of this Lipscomb Site; (c) unauthorized access to or tampering with your personal information or transmissions; (d) the provision or failure to provide any service; (e) errors or inaccuracies contained on this Lipscomb Site or any information, software, products, services, and related graphics obtained through this Lipscomb Site; (f) any transactions entered into through this Lipscomb Site; (g) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Lipscomb Site or any site to which it provides hyperlinks; or (h) damages otherwise arising out of the use of this Lipscomb Site and Lipscomb Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Lipscomb has been advised of the possibility of damages.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Lipscomb and its officers, trustees, employees, agents and affiliates from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Lipscomb Site and any related Lipscomb Internet Service and/or software. You agree to cooperate fully with Lipscomb in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement. 

11. MODIFICATION/TERMINATION BY LIPSCOMB 

Lipscomb reserves the right, in its sole discretion, to modify, suspend, or terminate this Lipscomb Site and/or any portion thereof, including any Lipscomb Internet Service, and/or your account, password, or use of any Lipscomb Internet Service, or any portion thereof, at any time for any reason with or without notice to you. 

Termination of your account for a Lipscomb Internet Service removes your authorization to use the Lipscomb Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Lipscomb shall not be liable to you or any third party for any termination of your access to a Lipscomb Internet Service. 

12. LINKS

This Lipscomb Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). Lipscomb does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply Lipscomb’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. 

13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE 

Any software that is made available to access, use, view and/or download in connection with an Lipscomb Site or Lipscomb Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Lipscomb and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Lipscomb accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

14. INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials on this Lipscomb Site by certain persons in certain countries may not be lawful, and Lipscomb makes no representation that materials on this Lipscomb Site are appropriate or available for use in locations outside the United States. If you choose to access this Lipscomb Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable laws. 

The United States controls the export of any software downloadable from this Lipscomb Site. No software or any other materials associated with this Lipscomb Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List. You are responsible for compliance with the applicable laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Lipscomb Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

15. THIRD-PARTY MERCHANTS 

This Lipscomb Site may enable you to order and receive products, information and services from businesses that are not owned or operated by Lipscomb. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Lipscomb does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Lipscomb will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Lipscomb Internet Service. 

16. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS, AND OTHER PARTNERSHIPS 

Lipscomb may display advertisements for the goods and services of a third party on the Lipscomb Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Lipscomb does not endorse or represent, and is not responsible for, the safety, quality, accuracy, reliability, integrity or legality of any goods or services advertised, promoted or displayed on this Lipscomb Site. 

17. EVENTS 

You may be invited or asked to attend Lipscomb-sponsored events or events held by other members and users of this Lipscomb Site that are not in any way associated with Lipscomb at various locations throughout the United States (collectively, “Events”). Your participation in any Event is at your own risk and you agree to release and hold Lipscomb and its officers, trustees, employees, agents and affiliates harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending any Event or participation in any activities available at any Event. You also agree that Lipscomb may film and record any of the Events sponsored by Lipscomb in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Lipscomb and Lipscomb may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party. 

18. INTERACTIVE SERVICES AND USER MATERIALS 

This Lipscomb Site may offer certain Lipscomb Internet Services having interactive components, such as bulletin boards, chat rooms, blogs, and forums (collectively, “Lipscomb Interactive Services”). Additional Terms may cover Lipscomb Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Lipscomb Internet Services may change from time to time in Lipscomb’s sole discretion. You may participate in the Lipscomb Interactive Service by completing the registration form where one is provided. 

(a) User Materials 

Lipscomb does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to Lipscomb by you or other users (collectively, “User Materials”). Lipscomb is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Lipscomb reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Lipscomb is not responsible or liable for damages of any kind arising from any User Materials, even when Lipscomb is advised of the possibility of such damages, or from Lipscomb’s alteration or deletion of any User Materials. 

You are solely responsible and liable for all User Materials delivered to Lipscomb, whether via your account, this Lipscomb Site, email, or any other method. Any violation of these provisions can subject your Lipscomb account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Lipscomb will not infringe or violate the rights of any third party in any manner. 

By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to Lipscomb, whether solicited or unsolicited, you are granting Lipscomb and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Lipscomb also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in Lipscomb’s Privacy Policy. 

The information and opinions expressed in User Materials appearing on this Lipscomb Site are not necessarily those of Lipscomb or its content providers, advertisers, sponsors, affiliated or related entities, and Lipscomb makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. Lipscomb does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and Lipscomb has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this Lipscomb Site is “public,” and in addition to the license granted to Lipscomb, other users will have access to your User Materials and might copy, modify or distribute them. 

If you are aware of any User Material on this Lipscomb Site that violates this Agreement, please contact Lipscomb at [thebison@lipscomb.edu]. Please provide as much detail as possible, including a copy of the underlying material, the location where Lipscomb may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal; Lipscomb will only remove User Materials if Lipscomb believes the measure is necessary, in its sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.” Other than those Lipscomb specifically requests, Lipscomb does not accept or consider unsolicited creative materials, ideas or suggestions either via this Lipscomb Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those Lipscomb has developed or obtained independently. However, if you do still transmit to Lipscomb, via this Lipscomb Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to Lipscomb the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that Lipscomb, its affiliates and its licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to Lipscomb for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. 

(b) Referral Programs and “Forward to a Friend” Opportunities 

The Lipscomb Site may offer referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Lipscomb Internet Service. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing Lipscomb with his or her contact information. Lipscomb reserves the right to limit the number of Referred Persons you can submit. Lipscomb reserves the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the Lipscomb Internet Service, or otherwise use the Lipscomb Internet Service. The contact information for a Referred Person must be valid and functioning in order for Lipscomb to contact him or her about the Lipscomb Internet Service. Lipscomb will not be responsible for validating the contact information you provide. Lipscomb may elect NOT to communicate with any Referred Person and/or email address if the Referred Person appears to be on any of Lipscomb’s “do not contact” or “do not email” lists. In addition, Lipscomb reserves the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of this Agreement, or (c) Lipscomb determines in its sole discretion that the participation of such individual might be harmful to Lipscomb, this Lipscomb Site, any Lipscomb Internet Service, or any third party for any reason. Lipscomb specifically disclaims any liability for exercising such right. 

Lipscomb may, at its discretion, send you a confirmation using any means available through the Lipscomb Internet Service, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Lipscomb Internet Service. If Lipscomb sends the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you acknowledge that you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as Lipscomb determines in its sole discretion, Lipscomb reserves the right to discontinue the Lipscomb Internet Service to you. Lipscomb may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. Lipscomb reserves the right, in its sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability. 

If you are using the Lipscomb Internet Service to communicate to a Referred Person (or any third party), you agree not to use such Lipscomb Internet Service to harm the Referred Person or any other third party, and/or use such Lipscomb Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement. 

(c) Voting/Rating Features 

For any voting/rating features that are available on this Lipscomb Site, you must follow instructions on this Lipscomb Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by Lipscomb in its discretion may be void. Lipscomb assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Lipscomb may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Lipscomb reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Lipscomb’s decisions with respect to all aspects of any voting/rating element are final and binding, including, without limitation, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third-party application or feature (such as one of Lipscomb’s social media partners like Facebook or Twitter/X), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature. 

19. SUBSCRIPTION SERVICES 

This Lipscomb Site may offer certain Lipscomb Subscription Services, such as newsletters and Really Simple Syndication feeds (collectively, “Lipscomb Subscription Services”). By registering for a Lipscomb Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms. 

20. MEMBER ACCOUNT AND PASSWORD 

You are responsible for any membership name and password that is associated with your account during registration. If this Lipscomb Site does not recognize your device from a previous sign-in, you will be asked for information that will help Lipscomb to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify Lipscomb immediately of any unauthorized use of your account. 

(a) Limited to Personal and Non-Commercial Use 

This Lipscomb Site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or products obtained from this Lipscomb Site without Lipscomb’s prior written consent. You may inquire about obtaining written permission from Lipscomb to display or reproduce material from this Lipscomb Site by writing: 

IP Permission 

Lipscomb University

One University Park Drive

Nashville, TN 37204

Attention: School of Communication____

Email: _thebison@lipscomb.edu_________ 

(b) Cancellation 

You may cancel your membership in this Lipscomb Site at any time by contacting Lipscomb using the contact information provided on this Lipscomb Site. In the event that you have paid a fee to register on this Lipscomb Site and you cancel before the end of your membership period, Lipscomb will not return any portion of your membership fee provided that you will be entitled to continue accessing the applicable Lipscomb Site until the end of your membership period. 

Lipscomb reserves the right to terminate your access to this Lipscomb Site or any portion thereof at any time, without notice. Upon such termination, Lipscomb shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this Lipscomb Site. 

(c) Service Contact 

You may email your requests for customer service through the contact information provided on the home page of the applicable Lipscomb Site. 

21. CONTESTS/SWEEPSTAKES 

Any sweepstakes, contests, games and/or promotional offers accessible on this Lipscomb Site are governed by specific rules and/or terms and conditions. By entering a sweepstake or contest or participating in such games or promotional offers available on this Lipscomb Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Lipscomb Site (such as those of social media partners like Facebook or Twitter/X), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Lipscomb Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites. 

22. GENERAL 

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Tennessee, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this Lipscomb Site and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively in either the state or federal courts located in Davidson County, Tennessee. You agree to submit to the personal jurisdiction of the courts of the State of Tennessee for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred. 

If any provision of this Agreement, including, without limitation, the warranty disclaimers and liability limitations, or the application thereof to any person or circumstance is held invalid or unenforceable for any reason then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement and any applicable Additional Terms is the entire agreement between you and Lipscomb with respect to the use of this Lipscomb Site and shall not be modified except in writing, signed by an authorized representative of Lipscomb. 

23. ARTIFICIAL INTELLIGENCE 

You agree not to use, nor to authorize the use of, any Intellectual Property (as hereinafter defined) or contact details, personal identifiers, metadata processes, source codes, algorithms or other data on the Lipscomb Site, Lipscomb’s platforms, or Lipscomb’s services (the “Lipscomb Data” and together with the Intellectual Property, the “Lipscomb IP & Data”): (i) to create, train (whether directly or indirectly) and/or improve any generative or other artificial intelligence and/or machine learning models, applications, systems or technologies and any datasets therefor, whether now existing or hereafter created, in any manner, means or media and/or for any purpose whatsoever (e.g., machine learning, generative technology, data mining, cognitive computing, natural language processing, natural learning processes, and computer vision) (“AI Technology”) and/or cryptocurrency or blockchain systems and assets (e.g., NFTs, bitcoin, and wallets) (“Blockchain Technology”); (ii)  to create, generate, edit, reproduce, translate, copy, publicly perform, distribute, transmit, adapt, modify, create any simulations and/or derivative works of, and/or manipulate, any Lipscomb IP & Data; (iii) to design, enable and/or otherwise be utilized for any AI Technology mimicking, replicating and/or simulating human appearance, thought processes, speech, emotions or actions; (iv) extract, scrape, harvest or collect any Lipscomb IP & Data for use in connection with AI Technology and/or Blockchain Technology or otherwise; (v) discover, reverse engineer, decompile, disassemble, or attempt to derive Lipscomb IP & Data source code or algorithms; (vi) process, collect, arrange or otherwise use Lipscomb IP & Data into or in connection with datasets that are or may be used to train or otherwise in connection with AI Technology and/or Blockchain Technology; nor (vii) otherwise in connection with any AI Technology and/or Blockchain Technology.

24. COPYRIGHT AND TRADEMARK NOTICE 

(a) Use of Intellectual Property 

The Lipscomb Site, and all of its contents, including, without limitation, articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Lipscomb logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Lipscomb or by other parties that have provided rights thereto to Lipscomb. 

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Lipscomb Site, in whole or in part, without the express written permission of Lipscomb. 

Other trademarks, service marks, product names and company names or logos appearing on this Lipscomb Site that are not owned by Lipscomb may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted in writing, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Lipscomb Site, or frame this Lipscomb Site, or any web page or material therein, nor may any entity include a link to any aspect of this Lipscomb Site in an email for commercial purposes, without the express written permission of Lipscomb. Further, unless otherwise expressly permitted, you agree not to link to Lipscomb’s Intellectual Property so as to cause you or anyone else to access Lipscomb’s Intellectual Property other than through this Lipscomb Site. 

You may inquire about obtaining permission by writing: 

IP Permission 

Lipscomb University

One University Park Drive

Nashville, TN 37204

Attention: School of Communication____

Email: _thebison@lipscomb.edu_________ 

(b) Copyright Infringement 

Lipscomb respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act regarding such rights. By submitting any material or photographs through this Lipscomb Site, you are granting permission to have this material posted on this Lipscomb Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Lipscomb reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Lipscomb may have under law or contract. 

(c) Procedure for Making Claim of Copyright Infringement 

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to Lipscomb’s Designated Agent, who can be reached as follows: 

DMCA Designated Agent 

Lipscomb University

One University Park Drive

Nashville, TN 37204

Attention: School of Communication____

Email: _thebison@lipscomb.edu_________ 

  

Pursuant to 17 U.S.C. § 512(c), to be effective, the notification must include the following: 

(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 Lipscomb to locate the material. 

(iv) Information reasonably sufficient to permit Lipscomb to contact the complaining party, such as an address, telephone number, and, if available, an email address. 

(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. 

(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. 

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.