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The University of Vermont Health Network BrandHub Terms and Conditions of Use

End-User Agreement

Welcome to The University of Vermont Health Network BrandHub (the “BrandHub” or “Site”)!

This Site is hosted and operated by Adgistics Ltd (“Adgistics”) on behalf of The University of Vermont Health Network (“The University of Vermont Health Network”, "we", "our" or "us"). We (The University of Vermont Health Network) are registered in 111 Colchester Avenue, Burlington, VT 05401.

The University of Vermont Health Network BrandHub provides branding information and resources for our employees and partners. There are a few rules that our visitors must follow when using the Site, so we ask all our visitors to read these Conditions of Use (also referred to as “User Agreement”) carefully especially the disclaimers and limitations of our liability, since use of this Site constitutes your agreement with these conditions of use.

We recommend that you print a copy of this for future reference.

Last Updated: 30 September 2014

Notice:

By accepting this, you agree that your use of The University of Vermont Health Network BrandHub, and the Resources, as defined below, are governed by these Conditions of Use. You further agree that:

  • You have read and understand these Conditions of Use
  • By entering the Site you will be bound by, and comply with, these Conditions of Use;
  • Your use of the Site and Resources is expressly conditioned upon your compliance with these Conditions of Use

and

  • The University of Vermont Health Network reserves the right to restrict or terminate your access to the Site at any time in its sole discretion.

You will be issued a password and ID to The University of Vermont Health Network BrandHub. You must treat your password and ID as confidential and not disclose these details to a third party. We reserve the right to disable your password and ID at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that your password or ID are known to any third party you must notify us promptly by e-mail to brandhub@brandactive.com

We may amend these Conditions of Use at any time. When we make changes, we will revise the “last updated” date at the top of the policy. If there are material changes to this statement or in how The University of Vermont Health Network will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. You may be required to reaffirm of your acceptance, should the changes be sufficiently significant. Furthermore, we encourage you to review this policy whenever you visit our site, from time to time, as any changes will be binding on your future use of the Site.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, The University of Vermont Health Network has adopted a policy of terminating, in appropriate circumstances and at The University of Vermont Health Network sole discretion, account holders who infringe the intellectual property rights of The University of Vermont Health Network or any third party.

Conditions for use of The University of Vermont Health Network Content

This BrandHub Site is licenced to, and operated on behalf of The University of Vermont Health Network, which, by and through its affiliates, subsidiaries, and licensees owns or licenses all material on this Site. You are permitted to use and publish the logos, artwork and photography (the “Resources”) that appear on the Site subject to the following conditions and restrictions:

1. Usage Rights of Content

Except as otherwise authorized in writing by The University of Vermont Health Network you are not permitted to:

a. Redistribute the Resources as stock photography or web art;

b. Use any of the Resources on any product, service or communication other than that produced by or for The University of Vermont Health Network or to express or imply endorsement or sponsorship of any commercial product, service or activity;

c. Use the Resources for any unlawful purpose;

d. Modify the Resources;

e. Use the Resources, or any modification thereof, to create obscene or scandalous works, as defined by laws of the United States, England, Northern Ireland, Scotland and Wales, at the time that the work is published;

f. Use the Resources in any way that infringes upon or violates this User Agreement or a trademark, trade name or other intellectual property right owned by any other person or company; or,

g. Use the Resources in electronic format, including on-line use and multi-media applications UNLESS the following conditions are met, in addition to the other restrictions contained in this User Agreement:

i. The Resources are in a format which prevents copying; and

ii. The Resources comprise only a small portion of the content of the application; and
iii. Any ability to download and save the Resources is disabled or otherwise not allowed.

2. Trademark rights and ownership of Content and The University of Vermont Health Network BrandHub

Your use of the Resources on this Site is subject to the terms of this User Agreement and any other agreement between you (or your company) and The University of Vermont Health Network. By the terms of this agreement:

a. The Resources, and any other intellectual property on this Site (including the Site itself), are and shall remain the exclusive property of The University of Vermont Health Network and Adgistics, respectively. These works are protected by copyright laws around the world. You acknowledge that you will not assert any right, title or interest of any kind or nature whatsoever in or to the intellectual property rights contained in the Resources and Site nor will you challenge or contest any of The University of Vermont Health Network or Adgistics’ rights therein.

b. In addition to any other rights The University of Vermont Health Network may have, your right to use the Resources on this Site is terminable upon notice from The University of Vermont Health Network.

c. Other than as expressly provided in these Terms and Conditions, nothing on this Site or arising from your use of the Content shall be construed as conferring any licence, consent, permission or other transfer of rights to you of any Intellectual Property Rights, whether by estoppel, implication or otherwise. Except as expressly set out in these Terms and Conditions, you may not reproduce, modify or in any way commercially exploit or otherwise make available any of the Content Site. In particular, you may not without the prior written permission of The University of Vermont Health Network and/or Adgistics:

(i) Remove any of the intellectual property or other proprietary notices or otherwise alter the same; or

(ii) Create a database howsoever by downloading and storing all or any Content in any form or media.

(iii) Use any part of the materials on our site for commercial purposes or as otherwise restricted in these terms and conditions without obtaining a licence

to do so from us or our licensors.

d. All rights not expressly granted herein are reserved.

3. Limitation of Liability and Disclaimer

Subject to the above and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site, the Resources or any other material and information on the Site, whether express or implied, neither Adgistics Limited, The University of Vermont Health Network, or its affiliates, nor anyone who helped develop, create, produce or deliver the Resources and the other material and information in this BrandHub Site (including the Site) are liable for any damages related to your use of or inability to use the Site. This includes, but is not limited to:

a. Damages intended to compensate you directly for any loss or injury;

b. Damages reasonably expected to result from any loss or injury (consequential damages) including but not limited to any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.;

c. Other miscellaneous damages and expenses resulting directly from a loss or injury (incidental damages); and/or

d. Punitive or other damages

We use our best efforts to provide accurate information, but do not guarantee it, and make no representations regarding the use or results of use of the Resources or any other material or information in this BrandHub Site in terms of their accuracy, reliability or any other matter. We do not guarantee that this BrandHub Site or every feature of this BrandHub Site will remain available to you.

The University of Vermont Health Network its affiliates and Adgistics Limited do not warrant that the functions contained in the BrandHub Site will be uninterrupted or error-free, that defects will be corrected, that this Site or any server that makes it available is free from viruses or other harmful components, or that successful results or outcomes will result from your use of information at this Site.

Without limiting the foregoing, all information on this BrandHub Site is provided "as is," without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

You are responsible for configuring your information technology, computer programmes and platform in order to access our BrandHub Site.

You are responsible for your own virus protection software.

In no event shall our total liability to you for any and all losses, damages, and/or causes of action, whether in contract, tort or otherwise, exceed the amount paid by you, if any, for accessing this BrandHub Site.

4. Termination

Notwithstanding any of these Site Terms, The University of Vermont Health Network reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

5. Privacy policy

Full details of the way in which we use cookies on the Site and how we hold and process information from which we can identify you or any third party are set out in our Privacy and Cookie Policy, which can be found at: http://www.adgistics.com/brand-centre-cookie-policy/