Terms of Use

Last updated: January, 2017

This website and related services (hereafter “Site”, “Website”) are provided subject to the Terms of Use (hereafter “Terms of Use”) outlined below, as well as to the Creative Commons Attribution 4.0 regulations. Please read the following information carefully. Your continued use of this Site will indicate your agreement to be bound by these Terms of Use.

Any rights not expressly granted by these Terms of Use are reserved by the Undocumented Student Program and/or its vendors and licensors.

All pages and information within this website, as well as the materials made available for download, (collectively the “Site”) is the property of the University of California, Berkeley Undocumented Student Program (hereafter, “USP”, “us”, or “we”) and/or its vendors and licensors.

Licenses

Unless otherwise noted, all content on our website, excepting videos, photos, logos, and publications, is licensed under the Creative Commons Attribution NonCommercial 4.0 International License (“Creative Commons License”), which is available to read at http://creativecommons.org/licenses/by-nc-nd/4.0/. This license permits you to copy, distribute, and display applicable content so long as you attribute it to the Undocumented Student Program, link back where possible, and do not use it commercially. Any changes to the content must be noted explicitly.

Unlicensed materials

Videos, photos, logos, and publications that are part of our Site are not licensed under the Creative Commons License. These features are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Undocumented Student Program, or if such content has been furnished by a third party, by such third party. All trademarks and service marks, used on the Site are the trademarks and service marks of the Undocumented Student Program, or their respective owners, and may not be used without the prior written consent of the Undocumented Student Program or their respective owners.

As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Compliance competency

Additionally, by accessing the Site, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms of Use. If you are older than 13, but under the age of consent where you live, then you must get the consent of your parents prior to using the Site, and in such a case, if you do use the Site, you are required to represent to us that you have done so.

No automated access

You may not use automated systems (e.g. robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Privacy

Please review the Undocumented Student Program’s Privacy Policy for details on the manner in which we collect, use, disclose, and otherwise manage your personal information.

Updates to our Terms of Use

We may revise these Terms of Use at any time, and by your continued use of the website and related materials, you agree to be bound by future revisions. It is your responsibility to periodically visit the Site to review the most current version of the Terms of Use.

Your License to Us; Content

The Undocumented Student Program welcomes and values your contributions to the Site. Any communications, content, or other material of any kind that you post or otherwise transmit through the Site (including, but not limited to, the blog portions of the Site), including, questions, comments, suggestions, and other data and information (your “Content”) will be treated as non-confidential and non-proprietary. You grant the Undocumented Student Program a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use and exploit your Content on the Site, or elsewhere, for our business purposes in all media now known or later developed. We are free to use any ideas, concepts, techniques, know-how in your Content for any purpose, including, but not limited to, the development and use of services based on the Content.

Your Obligations

You represent and warrant that you have all right, title, and interest necessary to post your Content to the Site and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule.

Monitoring Your Content

The Undocumented Student Program may, but is not obligated to, monitor or review any areas of the Site where user Content may be made available, including, but not limited to, the blog. The Undocumented Student Program, however, will have no liability related to the Content, or the access by others to, or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise.
The Undocumented Student Program retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

Your Indemnity

At the Undocumented Student Program’s option and request, you will, at your own expense, indemnify, defend, and hold the Undocumented Student Program and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Site through your account, (c) based on your actual or alleged breach of these Terms of Use, (d) based on your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without the Undocumented Student Program’s prior written consent.

Infringement Notices

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the site:

Attention:Meng So, Director, Undocumented Students Program at UC Berkeley

If you believe content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
a. A physical or electronic signature of the copyright owner or authorized agent;
b. Identification of the copyrighted work(s) claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
e. A statement that the copyright owner or its authorized agent 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, and
f. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Limitation of Liability

THE UNDOCUMENTED STUDENT PROGRAM AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Accuracy and Integrity of Information

Although the Undocumented Student Program attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Undocumented Student Program so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Third Party Sites

The Undocumented Student Program or third parties, including our users, may provide hyperlinks on the Site or any other form of link or redirection of your connection to other Sites. The Undocumented Student Program makes no representations whatsoever about any other Website that you may access through this Site. When you access a non-Undocumented Student Program Site, please understand that it is independent from the Undocumented Student Program, and that the Undocumented Student Program has no control over the content on that website. In addition, a hyperlink to a non-Undocumented Student Program website does not mean that the Undocumented Student Program endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

Choice of Law; Venue

These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms of Use will be resolved in San Francisco, California. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Entire Agreement

These Terms of Use, as may be amended from time-to-time by the Undocumented Student Program, constitute the entire agreement between the Undocumented Student Program and you, pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Contact us

For further clarification, you may contact the Undocumented Student Program at:

Dreamer’s Resource Center
University of California – Berkeley
119 Cesar Chavez Center, Berkeley, CA 94720-4210
(510) 642-7224
undocu[at]berkeley.edu