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Welcome
to The Reunion Committee, Inc (hereafter, also referred to as "TRC")
the dba
entity of The Reunion Planner Inc.
ACCEPTANCE OF TERMS
By
accessing or using the TRC Classmate\Reunion website ("Website"), in
any way, including using any of its Services or Features,
downloading materials or merely browsing the Website, you agree to
and are bound by the Terms of Use set forth in this document and in
any changes thereto that TRC may publish from time to time.
If you do not agree to all of the
terms and conditions contained in the Terms of Use, do not access or
use this Website.
We encourage you to review the Terms of Use.
Additionally, since TRC may occasionally revise these Terms of Use,
at our own discretion, we also encourage you to check back
periodically to familiarize yourself with any changes. If we make
any changes or modifications, we will post the updated Terms of Use
on the Website. Please note that the changes become effective
immediately at the time of posting.
When using particular Services or Features, you and TRC shall be
subject to additional terms and any posted guidelines or rules
applicable to such services and features that may be posted from
time to time. All such guidelines or rules are hereby incorporated
by reference into these Terms of Use. If any terms contained in this
Terms of Use conflict with any terms contained within such
guidelines or rules, or the Additional Terms, then the terms in this
Agreement shall control.
TRC reserves the right to cancel, suspend or
refuse access to the Website, and any individual Service or Feature
therein, to anyone at its sole discretion.
Unless explicitly stated otherwise, any new
features or products that change, augment or enhance the current
Website shall be subject to this Agreement.
MEMBER CONDUCT & USE OF SITE
Our Website contains areas that enable
registered online members of TRC Classmate\Reunion Website to
communicate and share information through posting content and
sending messages. While we may provide you with these features and
opportunities, we also wish to remind you that you should exercise
appropriate caution when choosing which information you post on the
Website and send as messages to other members.
You are required to use TRC Classmate\Reunion Website responsibly,
just as you would act responsibly when interacting with others
offline. We expect and require that you take full responsibility for
the content that you post or send through our Website. We have
established some Guidelines that we hope will increase your
awareness of your responsibilities to others when using the TRC
Classmate\Reunion Website and will enhance your enjoyment of our
Website. These Guidelines are incorporated by reference into this
Terms of Use. We may update these Guidelines periodically. In
addition to your adherence to the Guidelines, you specifically agree
to comply with all applicable laws concerning the transmission of
technical data exported from the United States or the country you
reside in.
Guidelines
As some examples of improper activities when accessing or using the
Website, Services, Features or Materials, you agree that you shall
not:
- Upload, post, email, transmit or otherwise
make available ("Provide") any Content that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, harmful, invasive of privacy or
publicity rights, abusive, inflammatory or otherwise
objectionable.
- Provide any Content that encourages a
criminal offense or violates the rights of any party.
- Impersonate anyone else or misrepresent
your affiliation with a person or entity.
- Participate in any unauthorized or
unsolicited promotions, advertising, "junk mail", "Spam", "chain
letters", "pyramid schemes" or any other form of solicitation,
or otherwise use the website for a commercial purpose.
- Violate any applicable local, state,
national and international law or regulation.
- Provide any correspondence from another
classmate or another party without such party's permission.
- Use the Website in any manner that could
damage, disable, overburden, or impair the Website's, it's
Services and Features therein or interfere with any other
party's use and enjoyment of the Website.
- Harass others.
- Use other members' personal data for
purposes other than establishing contact that is reasonably
expected to be welcomed by the friend or acquaintance.
- Try to gain unauthorized access to the
Website, other members' accounts, or computers connected to the
Website.
- Engage in the practices of "screen
scraping", "database scraping", or any other activity with the
purpose of obtaining lists of users, or other information.
- Obtain or attempt to obtain any materials
or information through any means not intentionally made
available or provided for through the Website, or it's Service
and Features therein.
Please Let us know if you encounter Content that you find offensive,
possibly unlawful, or that you believe otherwise violates these
Guidelines
MONITORING AND ENFORCEMENT.
We do not actively monitor the Message System
or the Content that is posted or provided through the use of our
Website, nor are we obligated to do so.
As such, and as we may not have the ability to,
control or actively monitor the Content, we don't guarantee its
accuracy, integrity or quality. Because community standards vary and
individuals sometimes choose not to comply with our policies and
practices, in the process of using our Website, you may be exposed
to Content that you find offensive or objectionable.
You can contact our Customer Service Department
to let us know of Content that you find objectionable. We may
investigate the complaints that come to our attention. If we choose
to investigate the complaint, we will take any action that we
believe is appropriate, including, but not limited to issuing
warnings, removing the Content or terminating memberships. However,
because situations and interpretations vary, we also reserve the
right not to take any action. In such cases, we may not remove
Content that you believe is objectionable or offensive. Please
remember that you can always choose to refrain from using any part
of the Website that exposes you to something that you are
uncomfortable with. Under no circumstances will we be liable in any
way 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, access to, or denial of access to any
Content.
SUBMITTING OR POSTING CONTENT
When you participate in using the features of TRC
Classmate\Reunion Website, you are granting TRC certain rights to
use the Content you submit or post through the Website. By
submitting Content you grant us a royalty-free, worldwide,
non-terminable, non-exclusive license to use, reproduce, modify,
adapt, edit, market, publish, store, distribute, have distributed,
publicly and privately display, communicate, publicly and privately
perform, transmit, have transmitted, created derivative works based
upon, and promote such Content (in whole or in part) in any medium
now known or hereafter devised, for editorial, commercial,
promotional and all other purposes including, without limitation,
the right to publish your name in connection with your Content; and
the right to sublicense any or all of these rights. You acknowledge
that TRC owns all right, title, and interest in any compilation,
collective work or other derivative work created using or
incorporating the Content.
Please remember that you are ultimately
responsible for all Content that you provide and you warrant and
represent that: the Content does not and will not infringe on any
copyright or any other third party right nor violate any applicable
law or regulation; and you have all necessary copyright and other
related rights to the Content your provide, free and clear of all
claims and encumbrances without violating the rights of any person
or entity, including any right to privacy or publicity.
No compensation will be paid for the use of
your Content, including, without limit, any photograph you may
provide.
AVAILABILITY OF SERVICES
TRC does not provide you with access to the Internet or the
equipment necessary to access the Internet or the Website or
Services. You are responsible for the fees charged by other parties
to obtain access to our Website and Services (by way of example
only, Internet service provider or airtime charges) and for
providing the equipment necessary to access the Website and its
Services and Features. From time to time TRC may modify, suspend or
discontinue any of the Services or Features offered on our Website
without notice to you. TRC shall not be liable to you for any
modification, suspension or discontinuance of Services or Features.
TRC may establish certain policies and practices concerning use of
the Services and Features, including without limitation the maximum
number of email or other Content that can be sent through use of
our Services and Features, and the number of days that these items
will be retained on our systems. TRC has no responsibility or
liability for the deletion or failure to store any messages or other
Content maintained or transmitted by or through our Services and
Features. We reserve the right to change our practices and policies
at any time, in our sole discretion, with or without notice to you.
DISCLAIMER OF WARRANTIES.
You understand and agree that:
Our Website and the services and features provided through it are
provided on an "as is" and "as available" basis. The Reunion
Committee, Inc. disclaims to the fullest extent permissible by law,
and you waive, all warranties of any kind, whether express, implied,
or statutory, including without limitation the implied warranties of
merchantability, fitness for a particular purpose and
non-infringement. The functions, materials and content of the
website are not warranted to be uninterrupted, timely, secure or
error-free, and TRC makes no warranty that the information on the
website will be accurate, current or reliable or that the quality of
any products, services, information or other material purchased or
obtained by you through the website will meet your expectations. TRC
disclaims any responsibility for the deletion, failure to store,
non-delivery, incorrect delivery or untimely delivery of any
information or material. You assume the entire risk of loss and
damage due to your use of the website, including but not limited to
the cost of repairs or corrections to your hardware or software.
THE REUNION COMMITTEE, INC (TRC)
PROPERTY RIGHTS
The TRC Classmate\Reunion Website (and all of the material that it
contains) is owned by The Reunion Committee, Inc., or its third
party licensors and is protected by intellectual property and other
laws throughout the world. Nothing found on the Website may be
copied, reproduced, republished, distributed, sold, licensed,
transferred or modified without the express written permission of
The Reunion Committee, Inc
Unauthorized use, copying, reproduction, modification, republishing,
uploading, downloading, posting, transmitting, distributing or
duplicating or any other misuse of any part of the website is
prohibited.
Nothing contained in the Terms of Use or in the materials on the
Website should be construed as granting, by implication or
otherwise, any license or right to use any material in any manner
without the prior written consent of The Reunion Committee, Inc. or
such third party that may own the material or intellectual property
displayed on this Website. In addition, use of the content or
materials for any purpose not expressly permitted in the Terms of
Use is prohibited.
TERMINATION/CANCELLATION
You may terminate your registration at any time by contacting our
Customer Service Department. If you have a dispute with us relating
to the Website or its Services or Features, you may cancel your
registration or cease use of the Website. The cancellation of your
membership or ceasing all use of our Website is your only remedy
with respect to any such dispute that you may have with us. We will
attempt to process all cancellation requests within 72 hours after
we receive your request. On occasion, certain members may not comply
with the terms and conditions in the Terms of Use. If we determine,
in our sole discretion, that you are not in compliance with the
Terms of Use, we reserve the right to terminate your membership and
access to the Website, it's Services and Features. Upon any
termination or cancellation of your membership, we may immediately
deactivate or delete your membership and all related information
and/or bar any further access to your membership or information.
LIMITATIONS OF LIABILITY
Your use of the Website is entirely at your sole risk. The Reunion
Committee, Inc and its parents, subsidiaries and affiliates, and
their respective owners, directors, officers, employees, licensors,
contractors and agents shall not be liable for any direct, indirect,
incidental, consequential, special, exemplary or punitive damages or
losses (including without limitation loss of profits, goodwill, use,
data or other intangible losses), whether based in contract, tort,
strict liability, or otherwise, which you may incur in connection
with the use of, or inability to use, the website, even if The
Reunion Committee, Inc. has been advised of the possibility of such
damages or loss.
INDEMNIFICATION
You shall indemnify and hold harmless, and at The Reunion Committee,
Inc. request defend, TRC, its parents, subsidiaries, and affiliates,
as well as the irrespective directors, officers, shareholders,
employees, contractors, agents and owners (each, an "Indemnified
Party") from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs and expenses (including
reasonable attorneys' fees, an allocation for in-house counsel, and
other legal costs) arising out of your acts or omissions, including
claims resulting from your use of the Website, your submission,
posting or transmission of information or Content, or any breach of
your obligations set forth in this agreement. You shall reimburse
each Indemnified Party on demand for any costs, expenses and
liabilities incurred by such Indemnified Party to which this
indemnity relates.
CHOICE OF LAW & VENUE
The Terms of Use, your access and use of the Website and Services
and the relationship between you and TRC is governed by the laws of
the State of California, without giving effect to its conflict of
law provisions. TRC and you both agree to submit to the personal and
exclusive jurisdiction of the courts of the State of California. You
are responsible for complying with local laws, if and to the extent
local laws are applicable. Not withstanding the foregoing, TRC shall
have the right to commence and prosecute any legal or equitable
action or proceeding before any United States or non-United States
court of competent jurisdiction to obtain injunctive or other relief
in TRC' sole discretion. Regardless of any statute or law to the
contrary, any claim or cause of action by you arising out of or
related to use of the Website or the Terms of Use must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
COPYRIGHT AND TRADEMARK NOTICE
Website and its Contents Copyright (c) 2005 - 2006 The Reunion
Committee, Inc. All rights reserved. The Reunion Committee, Inc.,
Reunion Committee.com, ReunionCommittee.net and all the brands of
other TRC products and services shown herein are the trademarks or
registered trademarks of The Reunion Committee, Inc. Other
trademarks belong to their respective owners.
MISCELLANEOUS TERMS
Our relationship is not one of agency or partnership and neither you
nor TRC shall be deemed to be a partner, employee, fiduciary, agent
or representative of the other by your use of the Website. You may
not assign or transfer your rights to any third party. The terms and
conditions in the Terms of Use are severable. In the event that any
provision is determined to be unenforceable or invalid, such
provision shall still be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity
and enforceability of any other remaining provisions. If The Reunion
Committee, Inc. fails to enforce any provision of the Terms of Use
it shall not constitute a waiver of such provision. The Terms of Use
may be modified only by The Reunion Committee, Inc. posting changes
to the Terms of Use on the Website.
Each time you access the Website, you will be
deemed to have accepted any such changes in effect at the time of
access. We may assign our rights and obligations under the Terms of
Use. This agreement will inure to the benefit of The Reunion
Committee, Inc. successors, assigns and licensees. The failure of
either party to insist upon or enforce the strict performance of the
other party with respect to any provision of the Terms of Use, or to
exercise any right there under, will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance;
rather, the same will be and remain in full force and effect. The
Terms of Use, any Additional Terms, the attachments thereto, and the
documents incorporated by reference, constitute the entire
understanding between us regarding your access to, license and use
of the Website and our Services, and they supersede any prior
agreements, statements or representations with respect to the same.
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