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| Terms of Use |
AGREEMENT BETWEEN USER AND GCHS Band Boosters
The GCHS Band Boosters Web Site is comprised of various
Web pages operated by GCHS Band Boosters.
The GCHS Band Boosters Web Site is offered to you
conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein.
Your use of the GCHS Band Boosters Web Site constitutes
your agreement to all such terms, conditions, and
notices.
MODIFICATION OF
THESE TERMS OF USE
GCHS Band Boosters reserves the right to change the
terms, conditions, and notices under which the GCHS Band
Boosters Web Site is offered, including but not limited
to the charges associated with the use of the GCHS Band
Boosters Web Site.
LINKS TO THIRD PARTY
SITES
The GCHS Band Boosters Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are
not under the control of GCHS Band Boosters and GCHS
Band Boosters 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. GCHS Band Boosters is not responsible for
webcasting or any other form of transmission received
from any Linked Site. GCHS Band Boosters is providing
these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by GCHS
Band Boosters of the site or any association with its
operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the GCHS Band Boosters Web
Site, you warrant to GCHS Band Boosters that you will
not use the GCHS Band Boosters Web Site for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the GCHS Band
Boosters Web Site in any manner which could damage,
disable, overburden, or impair the GCHS Band Boosters
Web Site or interfere with any other party's use and
enjoyment of the GCHS Band Boosters 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 GCHS Band Boosters
Web Sites.
USE OF COMMUNICATION
SERVICES
The GCHS Band Boosters 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.
GCHS Band
Boosters has no obligation to monitor the Communication
Services. However, GCHS Band Boosters reserves the right
to review materials posted to a Communication Service
and to remove any materials in its sole discretion. GCHS
Band Boosters reserves the right to terminate your
access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
GCHS Band Boosters 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 GCHS Band Boosters's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children
in any Communication Service. GCHS Band Boosters does
not control or endorse the content, messages or
information found in any Communication Service and,
therefore, GCHS Band Boosters 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 GCHS Band Boosters spokespersons, and their
views do not necessarily reflect those of GCHS Band
Boosters.
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 GCHS Band Boosters OR POSTED AT ANY GCHS Band
Boosters WEB SITE
GCHS Band Boosters does not claim ownership of the
materials you provide to GCHS Band Boosters (including
feedback and suggestions) or post, upload, input or
submit to any GCHS Band Boosters Web Site or its
associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting GCHS Band
Boosters, 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. GCHS Band Boosters
is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in
GCHS Band Boosters'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 GCHS Band Boosters
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. GCHS Band Boosters AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
GCHS Band Boosters WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE GCHS Band Boosters 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.
GCHS Band Boosters 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 GCHS Band Boosters 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. GCHS Band
Boosters 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 GCHS Band Boosters 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 GCHS Band Boosters
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GCHS
Band Boosters 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 GCHS Band Boosters WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GCHS
Band Boosters WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GCHS
Band Boosters 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 GCHS Band
Boosters WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE GCHS Band Boosters WEB SITE.
SERVICE CONTACT : gchsbands.admin@gchsbands.org
TERMINATION/ACCESS
RESTRICTION
GCHS Band Boosters reserves the right, in its sole
discretion, to terminate your access to the GCHS Band
Boosters 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 GCHS Band Boosters Web Site. Use of the GCHS Band
Boosters 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 GCHS Band Boosters as a result of this agreement or
use of the GCHS Band Boosters Web Site. GCHS Band
Boosters's performance of this agreement is subject to
existing laws and legal process, and nothing contained
in this agreement is in derogation of GCHS Band
Boosters's right to comply with governmental, court and
law enforcement requests or requirements relating to
your use of the GCHS Band Boosters Web Site or
information provided to or gathered by GCHS Band
Boosters 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 GCHS Band Boosters with
respect to the GCHS Band Boosters Web Site and it
supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written,
between the user and GCHS Band Boosters with respect to
the GCHS Band Boosters 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 GCHS Band Boosters Web Site are:
Copyright 2005-2007 GCHS Band Boosters 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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