Cal Ambassador Network – Conduct and Policies

Terms of Use were last revised on November 9, 2017.

Welcome to Cal Ambassador Network (the “Network”), an online service (which includes a web site, mobile apps, and other technology and components) provided by the University of California, Berkeley and the Cal Alumni Association (“we,” “our,” or “us”). Cal Ambassador Network is a communication platform that enables UC Berkeley alumni, parents, faculty, staff, and friends (hereinafter, the "Ambassadors" or “you”) to post, curate, and publish information about UC Berkeley. The Network includes a website ("Portal") and mobile apps (e.g., for iOS and Android) ("Mobile Apps") that allow you, as an Ambassador, to post and share UC Berkeley-related information. You also have the ability to select information posted by UC Berkeley or other Ambassadors (“Content”) from the Portal and/or Mobile Apps and publish it to your social media outlets.

By clicking “I agree” when you set up your account on the Network, you signify that you have read, understood, and agree to be bound by these Terms of Use ("TOS" or "Terms").

We reserve the right to amend these Terms at any time and without notice. If we revise the Terms, we will post the amended Terms on this page and indicate at the top of the page the date the Terms were last revised. Your continued use of the Network after any such changes constitutes your acceptance of the new Terms.

You must be 18 or over to register or to use the Network. Children under 18 may not use the Network nor submit any information to us.

Establishing an Account

The Network allows Ambassadors to create individual accounts, which are then used to post material to the Network. When creating your account, you must provide accurate and complete information. You may link your account to one or more social media outlets (e.g., Facebook, Twitter, LinkedIn) that are supported by the Network and that are approved by you as content distribution channels for information published on the Network. When sharing Content on social media outlets, you will have the ability to designate which social media outlets to share each item of Content (for example, you may decide to share certain Content only with your LinkedIn connections and not your Facebook friends).

You are responsible for maintaining the confidentiality of your account and account password, and you should not share your account password with any other party. You are responsible for all uses of your account password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account or account password atcal@alumni.berkeley.edu. UC Berkeley will not be liable for any losses or damages caused by any unauthorized use of your account.

By creating an account on the Cal Ambassador Network using your email address, you consent to our using the email address to email you notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to email you other messages, including Content alerts, project notifications, and messages related to the Points Program (as described below). You may opt out from receiving email digests from us; however, for as long as you remain an Ambassador on the Network, you will continue to receive broadcast emails or push notifications via the Network (as these are key features of the Network).

Permitted Uses of the Network

Certain uses of the Cal Ambassador Network are inconsistent with the spirit of sharing UC Berkeley-related content on social platforms, including, but not limited to the activities listed below. By clicking “I agree” and accepting these Terms, you agree that you will not make any unauthorized use of the Network and that you will not use the Network to:

• conduct activities that are illegal or fraudulent;
• take any action that imposes an unreasonable or disproportionately large load on, or otherwise interferes with, any Network infrastructure, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing";
• reverse-engineer or decompile any software contained within the Network, or violate or attempt to violate the security of the Network, including any attempt to probe, scan or test the vulnerability of the Network or to breach security or authentication measures;
• post any content or material that contains incomplete, false or misleading information, promotes or endorses illegal activities, or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
• contact other Ambassadors in any manner or for any purpose other than that which is expected (i.e., to share information regarding UC Berkeley and the UC Berkeley community), or solicit login information or other personal information from any other Ambassador;
• contact any Ambassador that has specifically requested not to be contacted by you;
• post or disseminate Content that inaccurately implies endorsement, approval, or sponsorship by UC Berkeley or the University of California (or any individual associated therewith);
• post or disseminate Content that can be confused with official communications of UC Berkeley or the University of California;
• post or disseminate Content that can be confused with official communications of the Cal Alumni Association or its officers; or
• use the Network for activities that further commercial or other personal financial gain.

Use of the Cal Ambassador Network is also governed by the following policies:

• IT Policy Catalog
• University of California Electronic Communications Policy

Please report violations of these Terms and the above policies by emailing atcal@alumni.berkeley.edu.

You are solely responsible for your interactions with other Ambassadors on the Network. We reserve the right, but have no obligation, to monitor disputes between you and other Ambassadors. In the event of any disputes or disagreements between members of the Network, the Network Administrator, as designated by UC Berkeley, will have the final say.

You may not (a) copy, modify or adapt the HTML code used to generate web pages on the Network; (b) use or attempt to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any services provided on the Network other than the search engine and search agents available on the Network itself and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); or (c) aggregate, copy or duplicate in any manner any of the Content. You agree not to collect or harvest any personally identifiable information, including account names, from the Network nor to use the communication systems provided by the Network for any commercial solicitation purposes. You agree not to use any portion of the Network as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.

UC Berkeley may, at its sole discretion, make changes to the Network or the related services at any time.

Mobile Apps

To use the Mobile Apps you must have a mobile device that is compatible with the Mobile Apps. UC Berkeley does not warrant that the Mobile Apps will be compatible with your mobile device. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Mobile Apps solely for personal use on your mobile devices, as permitted by these Terms and any applicable terms or rules of your mobile carrier or other access provider. Any use of the Mobile Apps in any other manner, including, without limitation, resale, transfer, modification or distribution of the Mobile Apps, is prohibited. You acknowledge that UC Berkeley may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device. These Terms, and any applicable terms or rules of your mobile carrier or other access provider, also govern any updates to, or supplements or replacements for, the Mobile Apps unless separate terms that specifically state that they are replacing these terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

If you use our Mobile Apps or interact with a website that has deployed a plugin, you agree that information about you and your use of the Network, including, but not limited to, your device, your mobile carrier, your Internet access provider, your physical location, and/or web pages containing plugins that load in your browser, may be communicated to us or our service providers.

Further, by importing any User Content through the Mobile Apps, you represent that you have authority to share the User Content with your mobile carrier or other access provider. In the event that you change or deactivate your account with your mobile carrier or other access provider, you must promptly update your account information to ensure that your account is not accessible to other persons, and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Cal Ambassador Network through your mobile access provider. Therefore, you should check with your provider to find out if the Network is available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Network, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Mobile App provided at download or installation, or as may be updated from time to time.

The following applies to any Mobile App you acquire from the iTunes Store ("iTunes-Downloaded Software"): You acknowledge and agree that this TOS is solely between you and UC Berkeley, not Apple, and that Apple has no responsibility for the iTunes-Downloaded Software or content thereof. Your use of the iTunes-Downloaded Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Downloaded Software. In the event of any failure of the iTunes-Downloaded Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Downloaded Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Downloaded Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this TOS and any applicable law. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Downloaded Software or your possession and/or use of the iTunes-Downloaded Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Downloaded Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TOS and any applicable law. You acknowledge that, in the event of any third-party claim that the iTunes-Downloaded Software or your possession and use of that iTunes-Downloaded Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this TOS as relates to your license of the iTunes-Downloaded Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS as relates to your license of the iTunes-Downloaded Software against you as a third-party beneficiary thereof.

Posting User Content

By submitting, posting or displaying information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“User Content”) on or through the Network, you grant UC Berkeley a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Network. Once you remove any User Content from the Network, we will discontinue this licensed use within a commercially reasonable period. However, note that once User Content has been shared by other Ambassadors via their social media outlets, or copied or stored by other Ambassadors, we cannot control its use and cannot require its deletion.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, vulgar, obscene, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree, represent, and warrant that you have the right to post your User Content, and the User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property, rights of publicity, and privacy rights.

You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. UC Berkeley does not and will not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the Network. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Network is solely your responsibility. UC Berkeley is not responsible for any public display or misuse of your User Content. We do, however, to the extent permitted by law, reserve the right to review any or all User Content in our sole discretion and reserve the right to reject or remove any User Content, in whole or in part. UNDER NO CIRCUMSTANCES WILL UC BERKELEY BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE NETWORK BY YOU OR ANY OTHER USER. UC BERKELEY IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU POST ON THE NETWORK.

DMCA Copyright Policy

The Network is required to operate in compliance with 17 U.S.C. §512 and the Digital Millennium Copyright Act ("DMCA"). Read our policy on DCMA reporting and procedures. The designated agent to receive allegations of copyright infringement for the Network is atcal@alumni.berkeley.edu and cal.ambassador@berkeley.edu.

Proprietary Rights

All Content and functionality on the Network, including text, graphics, logos, button icons, images, digital downloads, data compilations, and software and the selection and arrangement thereof is the exclusive property of UC Berkeley or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Network and all related items, including any and all copies made of our websites and Content. The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Network are the registered and unregistered trademarks of UC Berkeley and its licensors. You may not change or delete any proprietary notices from materials printed or downloaded from the Network. UC Berkeley authorizes you, subject to these Terms, to access and use the Network and the Content solely for permitted uses (as described in these Terms) and for your personal, non-commercial use.

Termination of Accounts

UC Berkeley reserves the right to deny access to the Cal Ambassador Network to any individual, including any person registered as an Ambassador. UC Berkeley will deny access to the Network to those who violate the standards contained in these Terms or other applicable policies. Participants in the Network who misuse information and communication services may be removed from the Network and alumni network permanently, and they could face legal action for failure to abide by these Terms and other applicable policies and procedures. Please contact us for feedback or to report violations of this code of conduct at atcal@alumni.berkeley.edu.

UC Berkeley will use reasonable efforts to provide users with a single warning about behavior that violates these Terms or other policies applicable to the Network. The warning may cite the specific behavior or behaviors that violate the Terms or the policy, invite the user to respond, and explain that rights to any and all services of the Network and @cal, if appropriate, will be terminated if the cited behavior is repeated. However, UC Berkeley reserves the right to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Network without notice or liability for any reason, including for any violation of these Terms.

Cause for termination of a user’s access to the Network include, but are not limited to:

• breaches or violations of these Terms and related policies;
• attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Network;
• taking any action that imposes, or may impose an unreasonable or disproportionately large load on the Network infrastructure, as determined by us or our licensors;
• uploading invalid data, viruses, worms, or other software agents through the Network;
• impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
• interfering with the proper working of the Network;
• using the Network to generate or distribute spam;
• bypassing the measures we may use to prevent or restrict access to the Network;
• discontinuance or modification to @cal services; or
• technical or security issues or problems.

When a user’s service is terminated, UC Berkeley will:

• notify the holder of the account via an email that their access to the Network and @cal, if appropriate, has been terminated; and

• terminate the access to the Network and its services

You may also request at any time that we delete your account from the Network, and we will do so as soon as practicable.

Your activities prior to the termination of your account with the Network will remain subject to these Terms and the related UC Berkeley policies.

Points and Rewards

You may be able to accumulate points through the use of the Network that may be redeemable for rewards by UC Berkeley (the “Points Program”). A full description of the Points Program can be found here: https://ambassador.berkeley.edu/page/points. The effectiveness of points and reward offerings will expire as provided in the terms and conditions for the Points Program. We may suspend, terminate, revalue, or modify the Points Program at any time with or without notice or liability.

You may not transfer or assign to any other person or permit anyone to make use of your accumulated points, reward offers, or other privileges without UC Berkeley's written permission. The number of points for which you may be eligible will be determined by UC Berkeley in its sole discretion. Issuance of points and rewards will be calculated solely based on records maintained by UC Berkeley. No other measurements or statistics of any kind will be accepted by UC Berkeley or have any effect on the accumulation of points or rewards. Termination of your access to the Network will terminate any rights to, or eligibility for, any points or rewards.

Points Program Rules

1. Participation in the Cal Ambassador Network is required to accumulate points and be eligible for rewards. Registering and working as an Ambassador automatically makes you eligible to earn points and receive rewards. If you cease to work as an Ambassador or elect to terminate your account on the Network, you will lose all accumulated points and will not be eligible for any rewards.
2. Eligibility: The Points Program is not available where prohibited by law. The Points Program is restricted to individuals of legal age of majority as determined in accordance with the law of the jurisdiction in which the individual resides. Individuals under eighteen years of age are not eligible for the Points Program under any circumstances. Staff of UC Berkeley's External Relations/Marketing Communications office at University of Development and Alumni Relations, and the Membership and Marketing offices at the California Alumni Association, and the immediate family members of each or persons living in the same household of each, are not eligible for the Points Program.
3. No purchase is necessary to be eligible for the Points Program.
4. Taxes and duties with respect to rewards, if any, are the sole responsibility of the recipient of the reward.
5. No substitution or transfer of rewards is permitted.
6. Entrants agree to allow UC Berkeley to use their names and/or likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
7. All applicable federal, state, provincial, territorial, and local laws and regulations apply.
8. Cal Ambassador Network is not responsible for clerical or other errors in the administration of the Points Program, including but not limited to errors in website content or in the software that determines the points allocated to any Ambassador.
9. Points have no cash value and cannot be redeemed or exchanged for anything other than in accordance with the Rewards Program.

Third-Party Operator

The Network may be operated by a third party on behalf of UC Berkeley. All rights granted to UC Berkeley under these Terms are also granted to third parties operating the Network or providing services to the Network on behalf of UC Berkeley.

UC Berkeley works to validate that any third party service provider adheres to security best practices. However, the use of the Network exposes users to risks due to the cloud-based service model where UC Berkeley does not own and operate the systems supporting the Network, and UC Berkeley cannot be responsible for any wrongful acts of which we have no knowledge.

Although DSI has a contractual commitment to access Network data only to provide and improve delivery of their services to UC Berkeley and Ambassadors, Content and data provided to the Network could potentially be accessed by DSI employees illegitimately without prior consent.

UC Berkeley staff have limited access to vendor services’ system audit logs and reports. Consequently, UC Berkeley staff may not be able to detect or respond to security breaches or other incidents occurring on the vendor services in a timely manner.

Indemnity

You agree to defend, indemnify, and hold harmless UC Berkeley and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Network; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content you submit; or (vi) any other party's access and use of the Network with your unique username, password or other appropriate security code.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UC BERKELEY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL UC BERKELEY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE NETWORK OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE NETWORK, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UC BERKELEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK, OR ANY TECHNICAL MALFUNCTION OF THE NETWORK; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE NETWORK BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NETWORK; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY THIRD PARTY SITE WHICH IS LINKED FROM THE NETWORK, INCLUDING LINKS SHARED BY UC BERKELEY OR ITS AFFILIATES.

WE PROVIDE THE NETWORK AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE NETWORK OR ANYTHING RELATED TO THE NETWORK, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE ARE NOT RESPONSIBLE, AND MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE NETWORK TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES AND MOBILE APPS MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. WE DO NOT GUARANTEE THAT THE SERVICES OR THE NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE NETWORK OR MOBILE APPS OR WEBSITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UC BERKELEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Site Usage Information

Cookies

Like many websites, the Network uses "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration information for future logins to the Network. Second, we utilize session ID cookies to enable certain features of the Network, to better understand how users interact with the Network or user Content, and to monitor aggregate usage by users and web traffic routing on the Network. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Network and then close your browser. Sensitive personal information is not stored within cookies. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of, or have access to all functionality of, the Network.

Web Beacons

We also use "web beacons," "pixel tags," "clear GIFs" or similar means (individually or collectively "Web Beacons") in the Network. A Web Beacon is an electronic image, often a single pixel, embedded on web pages. Web Beacons are ordinarily not visible to users. Web Beacons allow us to count the number of users who have visited certain pages of the Network or interacted with content shared by users, to deliver branded services and to generate statistics about how our Network is used.

Linking

Content distributed on the Network, including User Content and Content posted by UC Berkeley and its employees, may link to sites operated by third parties. UC Berkeley has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of UC Berkeley. UC Berkeley specifically disclaims any responsibility for such linked sites, including if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. UC Berkeley does not endorse the content, or any products or services available, on such sites.

Privacy

The University of California, Berkeley is committed to protecting the privacy and accuracy of your confidential information to the extent possible, subject to provisions of state and federal law. Other than as required by laws that guarantee public access to certain types of information, or in response to subpoenas or other legal instruments that authorize access, personally identifiable information is not actively shared. In particular, we do not redistribute or sell personal information collected on our web servers.

The Network may collect personal information such as name, address, email address, telephone number(s), and login information for your social media accounts to enable sharing of Content on social media sites. Any User Content that you post on the Network may be viewed and shared by other Ambassadors, so we ask that you do not post sensitive personal information as part of your User Content.

Web servers typically collect, at least temporarily, the following information: Internet Protocol (IP) address of computer being used; web pages requested; referring web page; browser used; and date and time. UC Berkeley may collect statistics identifying particular IP addresses from which our websites are accessed.

UC Berkeley may use your personal information for purposes of sending you notifications about new Content on the Network, about Network administration, and about the Points Program. You may opt out from receiving email communications from us; however, for so long as you remain an Ambassador on the Network, you will continue to receive broadcast emails or push notifications via the Network (as these are key features of the Network).

UC Berkeley may use browser-IP-address information and anonymous-browser history to report information about site accesses and for profiling purposes. This information is generally used to improve Web presentation and utilization. We also may use IP address information for troubleshooting purposes.

UC Berkeley will not disclose, without your consent, personal information collected about you, except (i) to third-party vendors who are obligated to keep this information confidential, and (ii) for certain explicit circumstances in which disclosure is required by law.

UC Berkeley will not distribute or sell personal information to third-party organizations.

Questions regarding users’ rights to review, modify or delete their previously provided personal information or Content should be directed to atcal@berkeley.edu.

UC Berkeley does not control the content or information practices of external organizations. We recommend you review the privacy statements of these organizations.

Additional Terms

If one or more provisions of these Terms are found to be unenforceable, the remaining portion of these Terms will remain in full force and effect.

If we fail to enforce any provision of these Terms, this failure will not be considered a waiver, and we reserve the right to enforce any of these Terms in the future.

The laws of California, U.S.A. will apply to any disputes arising out of or relating to these Terms or the Network. In the event of any dispute regarding the Network or these Terms, please contact UC Berkeley at atcal@alumni.berkeley.edu. UC Berkeley agrees to use good-faith efforts to resolve any dispute regarding these Terms or the Network. If any dispute cannot be resolved, you and UC Berkeley agree that all claims arising out of or related to these Terms and your use of the Network must be resolved exclusively by a state or federal court located in Alameda, California. You and UC Berkeley agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for the purpose of litigating all such claims. Notwithstanding the above, UC Berkeley will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that these Terms constitute the entire, complete and exclusive agreement between you and UC Berkeley regarding the Network, and that they supersede all prior agreements and understandings, whether written or oral, or whether established by custom or practice, regarding the Network.