AGREEMENT
BETWEEN USER AND Sidney Jaycees
The Sidney Jaycees Web Site is comprised of various Web
pages operated
by Sidney Jaycees.
The Sidney Jaycees Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Sidney Jaycees Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
Sidney Jaycees reserves the right to change the terms, conditions, and
notices under which the Sidney Jaycees Web Site is offered, including
but not limited to the charges associated with the use of the Sidney
Jaycees Web Site.
LINKS TO THIRD
PARTY SITES
The Sidney Jaycees Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Sidney
Jaycees and Sidney Jaycees is not responsible for the contents of any
Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Sidney Jaycees
is not responsible for webcasting or any other form of transmission
received from any Linked Site. Sidney Jaycees is providing these links
to you only as a convenience, and the inclusion of any link does not
imply endorsement by Sidney Jaycees of the site or any association with
its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the Sidney Jaycees Web Site, you warrant
to Sidney Jaycees that you will not use the Sidney Jaycees Web Site for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Sidney Jaycees Web Site in any manner
which could damage, disable, overburden, or impair the Sidney Jaycees
Web Site or interfere with any other party's use and enjoyment of the
Sidney Jaycees Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the Sidney Jaycees Web Sites.
USE OF
COMMUNICATION SERVICES
The Sidney Jaycees Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you
to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass,
stalk,
threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
Publish, post, upload,
distribute
or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
Upload files that contain
software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
Upload files that contain
viruses, corrupted files,
or any other similar software or programs that may damage the operation
of another's computer.
Advertise or offer to sell
or buy
any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
Conduct or forward
surveys,
contests, pyramid schemes
or chain letters.
Download any file posted
by
another user of a
Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
Falsify or delete any
author
attributions, legal or
other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that
is uploaded.
Restrict or inhibit any
other
user from using and
enjoying the Communication Services.
Violate any code of
conduct or
other guidelines which
may be applicable for any particular Communication Service.
Harvest or otherwise
collect
information about
others, including e-mail addresses, without their consent.
Violate any applicable
laws or
regulations.
Sidney Jaycees has no obligation to monitor the Communication Services.
However, Sidney Jaycees reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole
discretion. Sidney Jaycees reserves the right to terminate your access
to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Sidney Jaycees reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Sidney
Jaycees's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Sidney Jaycees does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, Sidney Jaycees specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are
not authorized Sidney Jaycees spokespersons, and their views do not
necessarily reflect those of Sidney Jaycees.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS
PROVIDED TO Sidney Jaycees OR POSTED AT ANY Sidney Jaycees WEB SITE
Sidney Jaycees does not claim ownership of the materials you provide to
Sidney Jaycees (including feedback and suggestions) or post, upload,
input or submit to any Sidney Jaycees Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
Sidney Jaycees, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Sidney Jaycees is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in Sidney Jaycees's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Sidney Jaycees WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Sidney Jaycees AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Sidney Jaycees WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Sidney Jaycees WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
Sidney Jaycees AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Sidney Jaycees WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Sidney Jaycees AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Sidney Jaycees AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Sidney Jaycees WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Sidney Jaycees WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Sidney
Jaycees WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Sidney
Jaycees WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Sidney Jaycees OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Sidney Jaycees WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Sidney Jaycees WEB
SITE.
TERMINATION/ACCESS
RESTRICTION
Sidney Jaycees reserves the right, in its sole discretion, to terminate
your access to the Sidney Jaycees Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in
all disputes arising out of or relating to the use of the Sidney
Jaycees Web Site. Use of the Sidney Jaycees Web Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and Sidney Jaycees as a result of this
agreement or use of the Sidney Jaycees Web Site. Sidney Jaycees's
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
Sidney Jaycees's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Sidney
Jaycees Web Site or information provided to or gathered by Sidney
Jaycees with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement
between the user and Sidney Jaycees with respect to the Sidney Jaycees
Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user
and Sidney Jaycees with respect to the Sidney Jaycees Web Site. A
printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the Sidney Jaycees Web Site are: and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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