These are the Terms and Conditions (“Terms and Conditions”) governing your use of The Institute of International Education, Inc. (“IIE”)’s www.gilmanscholarship.org website (the “Website”). Access and use of the Website are subject to these Terms and Conditions and to all applicable laws. If you do not agree to comply with the contents of these Terms and Conditions, you are not authorized to use the Website. These Terms and Conditions are subject to change without notice. We are committed to providing quality content to our visitors and encourage you to contact us if you have questions about these Terms and Conditions using the following:
Gilman International Scholarship
Institute of International Education
Conditions of Use; Impermissible Use of the Website
The Website is provided for your personal and non-commercial use and for informational purposes only. The purpose of the Website is to provide information, educational services, and communication with IIE’s constituency in higher education, the international development community, and other audiences in the United States and worldwide. All materials are copyrighted and are provided solely for personal and institutional purposes, and not for commercial use.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Website to any third party.
You may use the Website without registration, but in order to take advantage of some aspects of the Website, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
IIE may permit you to upload content to use in connection with features available on the Website (“User Content”). You hereby grant IIE a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. IIE is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms and Conditions. IIE may include, edit or remove any User Content at any time without notice.
Acceptable Use Policy (“AUP”)
You are solely responsible for the User Content that you post on the Website or transmit to other users (including emails) and agree that you will not hold IIE responsible or liable for any User Content from other users that you access on the Website. You may not post any User Content unless you have the right to upload such content to the Website. You may not post any content that: (i) is defamatory, abusive, obscene, profane or offensive; (ii) infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have authority from the owner of such materials to post on the Website); (iii) violates any party’s right of publicity or right of privacy (such as a photo of another person without their permission); (iv) is threatening or harassing; or (v) is illegal or violates any applicable law, rule, regulation, agreement or obligation.
If you notice any violation of this AUP or other unacceptable behavior by any user, you should report such activity to IIE at firstname.lastname@example.org.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website by third parties not within our control. IIE is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, IIE respects the copyright interests of others. It is IIE’s policy not to permit materials known by IIE to infringe another party’s copyright to remain on the Website.
If you believe any material on the Website infringes a copyright, you should provide IIE with written notice that at a minimum contains:
(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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(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; and
(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.
All DMCA notices should be sent to IIE’s designated agent as follows:
www.gilmanscholarship.org Site Manager
Gilman International Scholarship
Institute of International Education
It is IIE’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
IIE or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on the Website without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by IIE and its licensors.
Disclaimers & Limitation of Liability
IIE makes every effort to keep all its information resources accurate and up to date, but makes no warranties or representations regarding the information herein. All users therefore agree that all access and use of the Website and externally-linked pages are at the user’s own risk. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND IIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if IIE is otherwise found to be liable to you in any manner, then IIE’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed five dollars ($5).
Neither IIE nor any other party involved in the creation or delivery of IIE shall be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, incidental, consequential, special, exemplary, punitive or similar damages, lost profits, lost data, or other lost opportunities (each of which is hereby excluded by the mutual agreement of you and IIE), regardless of whether IIE has been advised of the possibility of such damages, arising out of access, use, or inability to use the Website or any interruptions, errors, or omissions in the Website (including but not limited to, its content). You specifically waive any and all claims you may have arising out of your use and/or access of the Website.
Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated as attributable to that service.
You agree to defend, indemnify and hold harmless IIE, its officers, directors, employees, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by IIE); or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The laws of the State of New York shall govern these Terms and Conditions, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in New York, New York, for all matters or disputes arising out of or relating to these Terms and Conditions or your access or use of the Website.
Any claims asserted by you in connection with the Website must be asserted in writing to IIE within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure of IIE to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by IIE or be deemed a waiver by IIE of any subsequent breach by you of the same or any other term of these Terms and Conditions. IIE’s rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit IIE’s right to exercise any other right or remedy.
The Website is provided from the U.S.A. and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. IIE makes no representations regarding the legality of the Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Effective Date: This policy is effective and was last updated on February 22, 2017