Terms of Service

How it works
The University of West Florida (“UWF”) Splash-O-Mizer application (available at www.uwf.edu/splash) allows you to create a customized version of the UWF Splash symbol to let the world know you’re a UWF Splash Maker. The Splash-O-Mizer allows you to customize a symbol using a pre-defined set of curated patterns and colors. By using the UWF Splash-O-Mizer, you agree to these terms and conditions (“terms”).

 

Eligibility
You won’t be able to save a symbol until you sign into the site or create an account. Once you create a custom Splash symbol, you may choose to purchase branded merchandise with this symbol from the merchandise store, download the symbol, and post it to popular social media websites.

 

Age restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.

 

How you can use a Splash symbol
UWF grants you a personal, non-transferrable, worldwide, royalty-free, non-exclusive, fully revocable, limited license to use the content within the Splash-O-Mizer and under the terms and conditions set forth in these Terms of Service for the sole purpose of creating a symbol on the Splash website. We also grant you a personal, non-transferrable, royalty-free, worldwide, non-exclusive, fully revocable, and limited license to use the symbol you create only on social media, together with the “University of West Florida” word mark, and only to indicate your association with the University of West Florida. Other than as provided herein nothing in this license provides you with any right or permission to use any University of West Florida trademarked logos in a symbol you create using the Splash-O-Mizer application. No other licenses or rights are granted to you by implication or otherwise. We may revoke your license to customize or use a symbol at any time, for any reason or no reason. If you choose to share a symbol through social media, you authorize UWF to exhibit the symbol at our sole discretion on any media at any time and you
waive any right to inspect or approve UWF’s use of the symbol.

 

Under the license granted by these terms, you cannot:

 

  • Add images, icons, pictures, or any other element to a symbol other than by using the customization options that are available within the Splash-O-Mizer.
  • Modify your symbol or the content in any way other than what is allowed by using the customization tool on the Splash-O-Mizer.
  • Commercialize a symbol or the content (such as by creating, importing, selling, or reselling merchandise containing a symbol you create using the Splash-O-Mizer application or the content).
  • Claim any rights over a symbol, the UWF Splash mark, or any other UWF mark, or any of the content of the Splash-O-Mizer application (such as by registering for a trademark or filing for copyright protection).
  • Claim to be an agent or representative of UWF, or otherwise misrepresent your association with UWF.
  • Use a symbol or the content (whether customized or not) in association with any materials that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the rights of any third party (including, without limitation, the privacy rights, rights of publicity or intellectual property rights ofa third party).

 

By using the Splash-O-Mizer application, you agree that you will not attempt to copy, alter, modify, or manipulate in any way (using any software, tools, or technology now known or developed in the future) any symbol (whether created by you or someone else) or any content other than as allowed by the UWF Splash-O-Mizer site and in accordance with these terms.
 If you use the Splash-O-Mizer in a way that we think may be inappropriate, unlawful or illegal, or otherwise violate these terms, we may revoke your limited license to use the logo, suspend your use of the Splash-O-Mizer, and suspend your account, at our discretion.

 

Flagging inappropriate materials
You may report inappropriate symbols or other materials posted by other users on the Splash-O-Mizer through the Report a Problem feature. For example, if the way in which a symbol is used is inappropriate, illegal, or inconsistent with these terms, you may report it as inappropriate.
 If a symbol or other materials you create are reported as inappropriate by other users, we may remove them from the Splash-O-Mizer or Splash site and terminate your license immediately without notice to you.

 

Removal of a symbol from social media
If a symbol you create using the Splash-O-Mizer application is reported as inappropriate or we otherwise decide, in our sole discretion, that it is being used inappropriately, you agree to, upon our request, immediately remove the symbol from any and all social media sites and anywhere else it appears.

 

Ownership of the University of West Florida Splash mark
By using the Splash-O-Mizer, you agree:
 (1) that UWF owns and retains all ownership and intellectual proprietary rights to its Splash Mark, the content, any and all derivative works of its logo and content (which includes any symbols you create), and all creative assets on the Splash-O-Mizer website, and may use its logo, the content, and all such derivative works and assets (including symbols you create) freely;
 (2) that no intellectual property rights are transferred to you and that your creation of
a symbol does not give you any ownership or other intellectual proprietary rights to the UWFSplash mark, any other UWF mark(s) or the symbol you create;
 (3) to give up any claim of ownership in a symbol you create
using the Splash-O-Mizer application;
 (4) to assign to UWF any and all intellectual property or other rights in and to a symbol you create using the Splash-O-Mizer application, and waive any intellectual property rights you
may have in a symbol you create using the Splash-O-Mizer application, and to never assert against UWF or any third party any intellectual property rights in or to a symbol you create using the Splash-O-Mizer application.

 

Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES ARE AVAILABLE FOR THE SPLASH-O-MIZER, THE SPLASH MARK, OR THE CONTENT AVAILABLE WITHIN THE UNIVERSITY OF WEST FLORIDA SPLASH SITE. THE SPLASH-O- MIZER IS PROVIDED “AS IS.” THE UNIVERSITY OF WEST FLORIDA DISCLAIMS ALL LIABILITY AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

 

Limitation of Liability
IN NO EVENT WILL THE UNIVERSITY OF WEST FLORIDA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES TO EQUIPMENT OR SOFTWARE, FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING OUT OF YOUR USE OF THE SPLASH-O-MIZER, THE UNIVERSITY OF WEST FLORIDA SPLASH MARK (WHETHER CUSTOMIZED OR NOT),OR ANY MERCHANDISE YOU PURCHASE THROUGH THE SPLASH-O-MIZER, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, A SYMBOL OR LOGO, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF THE UNIVERSITY OF WEST FLORIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. THE UNIVERSITY OF WEST FLORIDA WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
 THE TOTAL MAXIMUM AGGREGATE LIABILITY OF UNIVERSITY OF WEST FLORIDA ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SPLASH-O-MIZER, INCLUDING, BUT NOT LIMITED TO, SHARING A SYMBOL, WILL BE LIMITED TO AN AGGREGATE OF ONE HUNDRED U.S. DOLLARS ($100 USD).

 

Severability
If any provision in these terms is held to be invalid, void, or unenforceable, that provision will be stricken and the elimination of that provision will not affect the validity of and enforceability of the remaining provisions.

 

Updates to these terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Splash O-Mizer and the modified terms will be effective upon posting. By continuing to access or use the Splash-O-Mizer after we have posted updated terms, you agree to be bound by the updated terms. If the updated terms are not acceptable to you, your only recourse is to stop using the Splash-O-Mizer and to stop using any symbol you have created using the Splash-O-Mizer application.

 

European Union General Data Protection Regulation (EU GDPR) Privacy Notice

 

Lawful Basis for Collecting and Processing of Personal Data

The University of West Florida (“UWF”) is a member institution of the State University System of Florida involved in education, research, and community outreach. In order for UWF to educate its students both in class and on-line, engage in world-class research, and provide community services, it is essential, necessary, and UWF has lawful bases to collect, process, use, and maintain data of its students, employees, applicants, research subjects, and others involved in its educational, research, and community programs. The lawful bases include, without limitation, admission, registration, delivery of classroom, on-line, and study abroad education, grades, communications, employment, applied research, development, program analysis for improvements, and records retention. Examples of the types of data that UWF may need to collect in connection with the lawful bases are: name, email address, IP address, physical address or other location identifier, photos, as well as some sensitive personal data obtained with prior consent.

 

For more information, please review the following resources regarding the EU GDPR and the UWF GDPR webpage.

 

In addition, UWF departments may have their own area specific EU GDPR-Compliant Privacy Notice posted on their website.

 

Most of UWF’s collection and processing of personal data will fall under the following categories:

 

  1. Processing is necessary for the purposes of the legitimate interests pursued by UWF or third parties in providing education, employment, research and development, and community programs.
  2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. This lawful basis pertains primarily, but not exclusively to research contracts.
  3. Processing is necessary for compliance with a legal obligation to which UWF is subject.
  4. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.

 

There will be some instances where the collection and processing of personal data will be pursuant to other lawful bases.

 

Types of Personal Data collected and why

UWF collects a variety of personal and sensitive data to meet one of its lawful bases, as referenced above. Most often the data is used for academic admissions, enrollment, educational programs, job hiring, provision of medical services, participation in research, development and community outreach. Data typically includes name, address, transcripts, work history, information for payroll, research subject information, medical and health information (for student health services, or travel), and donations. If you have specific questions regarding the collection and use of your personal data, please contact the Office of Compliance and Ethics at eugdpr@uwf.edu.

If a data subject refuses to provide personal data that is required by UWF in connection with one of UWF’s lawful bases to collect such personal data, such refusal may make it impossible for UWF to provide education, employment, research or other requested services.

 

Where UWF gets Personal Data and Special Categories of Sensitive Personal Data

UWF receives personal data and special categories of sensitive personal data from multiple sources. Most often, UWF gets this data directly from the data subject or under the direction of the data subject who has provided it to a third party (for example, an application for admission to UWF through use of the Common App).

 

Individual Rights of the Data Subject under the EU GDPR

 

Individual data subjects covered by UWF’s EU GDPR Privacy Notice will be afforded the following rights:

 

  • information about the controller collecting the data
  • the data protection officer contact information
  • the purposes and legal basis/legitimate interests of the data collection/processing
  • recipients of the personal data
  • if UWF intends to transfer personal data to another country or international organization
  • the period the personal data will be stored
  • the existence of the right to access, rectify incorrect data or erase personal data, restrict or object to processing, and the right to data portability
  • the existence of the right to withdraw consent at any time
  • the right to lodge a complaint
  • why the personal data are required, and possible consequences of the failure to provide the data
  • the existence of automated decision-making, including profiling
  • if the collected data are going to be further processed for a purpose other than that for which it was collected

 

Note: Exercising of these rights is a guarantee to be afforded a process and not the guarantee of an outcome.

 

Any data subject who wishes to exercise any of the above-mentioned rights may do so by filling such request with Matthew Packard, UWF EU GDPR Data Protection Officer, Office of Compliance and Ethics at eugdpr@uwf.edu.

 

Cookies

Cookies are files that many websites transfer to users’ web browsers to enable the site to deliver personalized services or to provide persistent authentication. The information contained in a cookie typically includes information collected automatically by the web server and/or information provided voluntarily by the user. Our website uses persistent cookies in conjunction with a third party technology partner to analyze search engine usage and web traffic patterns. This information is used in the aggregate to monitor and enhance our web pages. It is not used to track the usage patterns of individual users.

 

Security of Personal Data subject to the EU GDPR

All personal data and special categories of sensitive personal data collected or processed by UWF must comply with the security controls, systems and process requirements and standards of UWF Policy IT-04.01-03, University of West Florida Information Security and Privacy Policy.

 

We will not share your information with third parties except:

 

  • as necessary to meet one of its lawful purposes, including but not limited to,
    • its legitimate interest,
    • contract compliance,
    • pursuant to consent provided by you,
    • as required by law;
  • as necessary to protect UWF’s interests;
  • with service providers acting on our behalf who have agreed to protect the confidentiality of the data.

 

Florida Public Records Law

As a state university, UWF is subject to the provisions of the Florida Public Records Law, as outlined in Chapter 119, Florida Statutes. Except for those records that are exempt from disclosure under the public records law, Florida law provides that all citizens are entitled to view the records of state agencies on request and be allowed to make copies for a fee. For more information on UWF’s obligations under the Florida Public Records Law please see UWF Policy GC-01.04-05/18.

 

Data Retention

 

Please be informed that:

 

  1. The period for which your personal data will be stored will be from now until no longer needed for compliance with U.S. and Florida laws.
  2. You can withdraw your consent, if granted, at any time and even only orally, but this will not affect the lawfulness of processing your personal data based on your consent before withdrawal.
  3. You have legal rights and remedies against any breach of your personal privacy according to articles 77 to 84 of the EU GDPR.

 

UWF keeps the data it collects for the time periods specified in UWF Policy FIN 03.02-02.14 Records Management, as required under Florida law.

 

**DISCLAIMER: UWF may make amendments to this notice from time to time without prior notice by posting the revised notice to this site. The most recent version will be the last date in the History provided below.

 

History: August 28, 2018.