PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE MAY4TH AUGMENTED REALITY EXPERIENCE WEBSITE OR WEB APPLICATION, IT’S LINKED PAGES, SUB PAGES, AND APPLICATIONS (collectively referred to herein as “MAY4TH AUGMENTED REALITY EXPERIENCE” or the “Site or web application”). BY ACCESSING OR USING THE SITE OR WEB APPLICATION, YOU AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE OR WEB APPLICATION AND YOU MUST EXIT THE SITE OR WEB APPLICATION IMMEDIATELY. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY KENT STATE UNIVERSITY AND/OR ITS AGENTS (“KSU”) AT ANY TIME AT KSU’S SOLE DISCRETION. USE OF THIS SITE OR WEB APPLICATION AFTER SUCH CHANGES ARE IMPLEMENTED SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

A. Disclaimer

THE SITE OR WEB APPLICATION IS MADE AVAILABLE FOR INFORMATIONAL AND CONVENIENCE PURPOSES ONLY AND IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. KSU MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM COMPUTER VIRUS, SUITABILITY FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OF ANY OF THE SERVICES PROVIDED OR INFORMATION PUBLISHED ON THE SITE OR WEB APPLICATION, OR ANY OF THE DESIGN, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS, DOCUMENTS, AND ITEMS CONTAINED IN OR DISPLAYED OR PUBLISHED ON THE SITE OR WEB APPLICATION. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR USE OF SUCH ITEMS AND MATERIALS AND FOR ANY RESULTS OR CONSEQUENCES OF YOUR USE. THE INFORMATION PROVIDED ON THE SITE OR WEB APPLICATION IS COMPILED FROM A VARIETY OF SOURCES, INCLUDING FROM SOURCES BEYOND THE CONTROL OF KSU, AND IS SUBJECT TO CHANGE WITHOUT NOTICE FROM KSU. COMMERCIAL USE OF THE SITE OR WEB APPLICATION IS STRICTLY PROHIBITED. TO THE EXTENT YOU USE, APPLY, OR IMPLEMENT THE INFORMATION PROVIDED ON THE SITE OR WEB APPLICATION IN YOUR OWN INFORMATION SYSTEM OR OTHER SETTING, OR OTHERWISE FOR YOUR OWN PURPOSES, YOU DO SO AT YOUR OWN RISK.

NEITHER KSU NOR ITS EMPLOYEES AND AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR WEB APPLICATION AND/OR INFORMATION AND MATERIALS CONTAINED ON THE SITE OR WEB APPLICATION OR ANY EXTERNAL SITE OR WEB APPLICATION (defined below), EVEN IF KSU HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR WEB APPLICATION OR ANY EXTERNAL SITE OR WEB APPLICATION IS TO STOP USING THE SITE OR WEB APPLICATION OR EXTERNAL SITE OR WEB APPLICATION.

B. Intellectual Property

Service marks and trademarks contained in or displayed on the Site or web application, and the contents of External Site or web applications, are the property of their respective owners. The content of the Site or web application, including the design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in, made available or displayed on the Site or WEB application and the selection and arrangements thereof (hereinafter referred to collectively as the “Content”), is copyrighted and the property of KSU. All rights are reserved. Accordingly, except where noted in these terms of use and elsewhere on the Site or web application, and subject to applicable law, the Content of the Site or web application may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KSU, except that permission is granted for you to view the Content and save or print Content only for your personal, noncommercial use, but not to further copy, modify, use or distribute the contents in any way without the permission of KSU. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Neither title nor intellectual property rights are transferred to you by access to this Site or WEB application. This Site or web application may contain some third party images and graphics that are used by permission. Site or web application users are notified, therefore, that one should presume the need to obtain permission from the copyright holder before reproducing or otherwise using any images or graphics from the Site or web application.

C. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material posted on an Internet site or web application infringes their rights under U.S. copyright law. KSU will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. If you believe in good faith that your work has been used on the Site or web application in a way that infringes your copyright, please notify KSU and provide the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site or web application are covered by a single notification, a representative list of such works);

• 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 KSU to locate the material on the Site or web application;

• Information reasonably sufficient to permit KSU 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;

• 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

• 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.

D. Governing Law; Forum

These Terms of Use will be governed by and construed in accordance with the laws of the state of Ohio, United State of America, without regard to its conflicts of law provisions, and that any claim brought hereunder shall be brought in a court of proper jurisdiction in the state of Ohio, United States of America.

E. Waiver

Any failure by us to enforce or exercise any provisions of the Terms of Use shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

F. Termination

We reserve the right to terminate your access to and use of the Site or web application or any portion thereof, at any time and for any reason, with or without cause. KSU shall have no liability for any such termination, following which your right to use the Site or web application shall immediately cease.

G. Miscellaneous

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with KSU’s prior written consent. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.