The Chagrin Falls Alumni Association
Terms of Use and Disclaimer
By using the Chagrin Falls Alumni Association Web Site, you agree that you will not post any of the following materials in any of the Association's chat rooms, bulletin boards, e-mail postings or any other service area:
1. Material which defames, abuses or threatens others.
2. Unauthorized copyrighted material.
3. Statements that are bigoted, hateful, racially offensive, harassing, defaming, or vulgar.
4. Advertising or any form of commercial solicitation.
5. Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
6. Material that contains vulgar, obscene or indecent language or images.
Postings which violate the above terms may be deleted from the Chagrin Falls Alumni Association Site upon discovery. Users who violate these Terms may receive a warning from the Association stating that the User has committed a violation and that further violations may result in the User being asked to no longer use the site. The Association does not guarantee, however, that it will monitor all postings, and cannot guarantee that material in violation of The Association's policy will not be posted. The Association may at any time and in its sole discretion change its policy regarding on-line conduct..
Copyright Material
The downloading of copyrighted material, including without limitation text, photographs, sound, video, and music, is allowed by Users only for Users' own use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyright material. The burden of determining whether any information, software or any other content on the service is protected by copyright rests with the User. User acknowledges that The Association and/or third party content providers remain the owners of the posted materials, and that User does not acquire any of those ownership rights by downloading copyrighted materials.
Limitation of Liability
User agrees that use of the Association's Site is entirely at User's own risk. The Association provides this Site "as is," without warranty of any kind, either expressed or implied, including without limitation any warranty for information, services, or products provided through or in connection with the Site. Specifically, The Association disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User specifically acknowledges that The Association is not liable for the defamatory, offensive or illegal conduct of other Association members or third parties and that the risk of injury from the foregoing rests entirely with User.
Neither The Association nor any of its agents or affiliates shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service, or inability to gain access to or use the service, or out of any breach of any warranty.
Third Party Material/ Distribution
User may upload to the software files or otherwise distribute on The Association's site only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content which the author has given express authorization for distribution on the World Wide Web. Any copyright Content submitted with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; Used by Permission." The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User, not The Association or its independent contractors, is liable for any damage resulting from any infringements of copyrights, proprietary rights, or any other harm arising from such submission. By submitting Content to any User submit areas, User automatically grants, or warrants that the owner of such content has expressly granted The Association a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that exists in such Content. User also permits any other User to Access, view, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on The Association's site retains any and all rights which may exist in such Content. Choice of Law. By using the Chagrin Falls Alumni Association Web Site, the users agrees that all legal actions arising as a result of using this site will be in accordance with and controlled by laws of the State of Ohio. User agrees to personal jurisdiction by the state and federal courts sitting in the State of Ohio. Merger Clause These Terms and Conditions constitutes the entire understanding between the Chagrin Falls Alumni Association and the User with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between The Association and User. The Association may amend these Terms and Disclaimers at any time upon notice from The Association to User as published through this Site.
