Terms & Conditions
(LAST REVISED: JUNE 3, 2008)
PLEASE READ THIS WWW.WESPAC.ORG TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY VIEWING AND/OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This WESPAC Foundation Terms and Conditions of Use Agreement (the “Agreement”) governs your use of the WESPAC web site, accessible via www.wespac.org. WESPAC Foundation reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the Site. WESPAC Foundation will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised (i.e., following the words “Last Revision”). The amended or revised Agreement will be effective immediately after it is posted on the Site. Your use of the Site following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. WESPAC Foundation encourages you to review this Agreement whenever you visit the Site to make sure that you understand the current terms and conditions governing your use of the Site. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately discontinue your use of the Site.
1. Grant of Limited License by WESPAC Foundation to You.
WESPAC Foundation offers user-provided information regarding events, actions, meetings and groups in the Westchester, NY area. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, WESPAC Foundation grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site and to use the Site solely as permitted under this Agreement.
2. Restrictions of Limited License.
Unless WESPAC Foundation otherwise notifies you or restricts your use of this Site, you may freely post content, including news, events, meetings, actions and information, to and at this Site. You agree that all such posts shall reasonably relate to the topic of information intended for the pages to which you post or edit content.
You agree that you will: (i) comply with all applicable laws in using or accessing the Site; (ii) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (iii) not remove, alter, or obscure any proprietary notices of WESPAC Foundation or any other information in any portion of the Site.
3. Grant of Limited License by You to WESPAC Foundation
With respect to any content (including, without limitation, any news, events, meetings, actions, commentary, information, or other text) you post to this Site (“Your Content”), you agree and hereby grant to WESPAC Foundation a perpetual, royalty free and non-exclusive license to publish Your Content on the Site or on any other Site or in any other media throughout the universe. WESPAC Foundation may reproduce, modify, adapt, distribute and/or publish any of Your Content for any reason, in any media, at any time without any royalty or payment being owed to you.
4. Content Responsibility
The Site contains a variety of information, data, messages and other materials (the “Content”) that end users of the Site create and post. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Site. You acknowledge that WESPAC Foundation is not responsible for and does not necessarily endorse the Content posted to the Site or available through the Site, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will WESPAC Foundation be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Site.
5. Pre-Screening or Regular Screening of Content.
You acknowledge that WESPAC Foundation does pre-screen Content, and you agree that WESPAC Foundation shall have the right (but not the obligation) to access, re-arrange, modify and remove or restrict access to any Content on the Site in its sole discretion and without notice. Without limiting the foregoing, WESPAC Foundation shall have the right to access and remove or restrict access to any Content that violates this Agreement or that WESPAC Foundation believes is otherwise objectionable, in its sole discretion.
6. User Conduct.
You agree to not use the Site to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) upload, post, email or otherwise transmit any Content that:
(1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another’s privacy;
(2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and breaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
(5) is the private information of another such as their addresses, phone number, Social Security number or credit card number;
(6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a WESPAC Foundation employee, committee coordinator, board member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
(f) interfere with or disrupt the Site, computer servers or boards accessible through the Site; and
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Site through unsolicited electronic mail messages to third parties.
If you use the Site to commit any of the above offenses, WESPAC Foundation may, at its sole discretion, terminate your password, user registration (or any part of it) or ability to use the Site, and remove any Content you posted to the Site. If you violate any laws, WESPAC Foundation may report you to applicable authorities. WESPAC Foundation will respond to lawful subpoenas.
7. Reservation of Rights.
WESPAC Foundation reserves all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized use.
8. DISCLAIMER OF WARRANTY.
YOU HEREBY WAIVE AND RELEASE WESPAC FOUNDATION FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF WESPAC FOUNDATION.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
9. LIMITATION OF WESPAC FOUNDATION LIABILITY.
IN NO EVENT SHALL WESPAC FOUNDATION OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from WESPAC Foundation to effectuate such termination. Additionally, WESPAC Foundation may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must immediately stop using the Site.
11. Your Indemnification of WESPAC Foundation.
You agree to hold harmless, defend, and indemnify WESPAC Foundation, its officers, directors, employees, partners and affiliates, from all liabilities, claims, demands and expenses, including attorneys’ fees, that are due to, or that arise from your use or misuse of the Site and/or Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
12. Spam and Acceptable Use.
While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of WESPAC Foundation in conjunction with the sending of unsolicited e-mail, or originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that the Site’s network addresses or WESPAC Foundation are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with WESPAC Foundation include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of “spamming” or similar inappropriate behavior should be reported to WESPAC Foundation immediately.
Any comments or materials sent or communicated to WESPAC Foundation by any means, electronic, written or oral, including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other programs of WESPAC Foundation (collectively “Feedback”), is non-confidential. WESPAC Foundation has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, WESPAC Foundation is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing concepts incorporating such Feedback.
All written notices to WESPAC Foundation shall be delivered to: 17 Marble Avenue, Pleasantville, NY. WESPAC Foundation may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. WESPAC Foundation may change its addresses (e-mail or mailing) by displaying such changes on the Site.
15. Infringers and Digital Millennium Copyright Act.
Due to the open nature of this Site, it is possible users may post content that is infringing. If you become aware of any infringing content, please notify WESPAC Foundation. WESPAC Foundation responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
This Agreement constitutes the complete and exclusive agreement between you and WESPAC Foundation and supercedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
This Agreement is governed by the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive personal jurisdiction of the state and federal courts in Westchester County, New York, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.