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Foster Care Alumni of America
December 1, 2004
Welcome to Foster Care Alumni of America! By accessing and using the Foster Care Alumni of America website ("Website"), you are agreeing to the following Terms of Use. We encourage you to review the Terms of Use, along with the Privacy Policy (http://www.fostercarealumni.org/privacy.html), which is incorporated by reference, as they form a binding agreement between Foster Care Alumni of America and you. In addition, because Foster Care Alumni of America may revise these Terms of Use from time to time, at our 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. Remember that this Terms of Use applies only to the Website and does not apply to the content of third parties.
In addition, when using particular Foster Care Alumni of America Services, you and Foster Care Alumni of America shall be subject to additional terms and any posted guidelines or rules applicable to such services 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 Additional Terms, guidelines or rules, then the terms in this Agreement shall control.
All questions or comments about the Website or its contents should be directed to Foster Care Alumni of America Member Care Department at info@fostercarealumni.org.
INDEX OF PROVISIONS
Becoming a Member and Registering on the Website.
Member Conduct.
Submitting or Posting Content.
Foster Care Alumni of America Property Rights.
Availability of Services.
Third-Party Offers.
Linking To and From Our Website.
Termination/Cancellation.
Privacy.
COPYRIGHT INFRINGEMENT POLICY.
DISCLAIMER OF WARRANTIES.
LIMITATIONS OF LIABILITY.
INDEMNIFICATION.
CHOICE OF LAW & VENUE.
Copyright And Trademark Notice.
Miscellaneous Terms.
1. BECOMING A MEMBER AND REGISTERING ON THE WEBSITE.
A. Accessing the Site and Becoming a Member. THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. While there are parts of the Website that are available only to individuals who register, there is no cost to register on our website. If you are merely surfing or browsing through the site and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. The specific Services available to you will vary depending upon whether you register as a member. Once you register with us, we consider you a "member" of the Foster Care Alumni of America community. Your membership and password are only valid for your personal, non-commercial use of the Website.
B. Your Information. When you register on the Website we may ask you to provide us with certain personal information about yourself including, without limitation, your name, address, telephone number, email. Please review our Privacy Policy (http://www.fostercarealumni.org/privacy.html) for clarification on how we may use Your Information and other information that you may provide or submit while using the Website and our Services. For your part, you agree that all Your Information that you provide to us or post on the Website is complete, accurate and up to date. Because your work email may be subject to additional limitations placed on its use by your employer, please use your personal email address when registering as a member. If you choose to register with your work email, we may not be able to provide you with certain Services and we may require you to update Your Information with a personal email address. You will notify us of any changes to Your Information. If you fail to update Your Information or if all or part of Your Information is (or appears to be) untrue, inaccurate, or incomplete we may suspend or terminate your membership and refuse any and all current or future use of our Website and Services.
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Your Information, IP address and traffic information, usage history, and Content you have posted on the Website. Our right to disclose any such information shall govern over any terms of our Privacy Policy (http://www.fostercarealumni.org/privacy.html).
C. Your Password. During the registration process we will ask you to create a unique user name and password. Because any activities that occur under your user name or password are your responsibility it is important for you to keep your user name and password secure. Notify us immediately if you believe that someone has used your registration or password without your authorization.
2. MEMBER CONDUCT.
A. Community Guidelines. The Website contains areas that enable communication for members of the community, such as message boards, forums, profile pages and other areas where you may interact with other members through posting or sharing of content (collectively the "Communication Tools"). In using the Website, you may also have occasion to disclose, post, or otherwise upload to publicly accessible portions of the Website, or share with other members, information and other content, including but not limited to biographical information, photographs, profiles, and stories (collectively, the "Content"). Our members are required to use the Communication Tools responsibly, as they would act responsibly when communicating or interacting with others in their offline communities. As a result, we expect and require that our members take full responsibility for the Content that they post or send through the Website. We also wish to remind you that you should choose carefully which information you post on the Website and that you provide to other members. We have established some Community Guidelines that we hope will increase your awareness of your responsibilities to others when using the Communication Tools and will enhance your enjoyment of our Website. These Guidelines are incorporated by reference into this Terms of Use. We may update these Guidelines from time to time. 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.
The following Community Guidelines apply to and govern your use of the Communication Tools:
Do treat others in the community with respect;
Do let us know if you come across Content that you find offensive, possibly unlawful, or that you believe otherwise violates these Community Guidelines;
Don't 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;
Don't Provide any Content that encourages a criminal offense or violates the rights of any party;
Don't impersonate anyone else or misrepresent your affiliation with a person or entity;
Don't 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;
Don't violate any applicable local, state, national and international law or regulation;
Don't Provide any correspondence from Foster Care Alumni of America or another party without such party's permission;
Don't interfere with, interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
Don't harass others;
Don't use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the friend or acquaintance.
Don't try to gain unauthorized access to the Website, other members' accounts, or computers connected to the Website; and
Don't post telephone numbers, street addresses, last names, URLs or email addresses in Content that is publicly accessible on the Website.
B. Monitoring and Enforcement. While we have the right to monitor activity and Content associated with the Communication Tools, we aren't obligated to do so. And since we don't, and 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 Member Care Department to let us know of Content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may 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.
3. SUBMITTING OR POSTING CONTENT.
When you participate in the Foster Care Alumni of America community you are granting Foster Care Alumni of America 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, create 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 Foster Care Alumni of America 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: (i) 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 (ii) you have the right to grant any and all necessary rights and licenses provided in this Section 3, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Content, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Content, including, without limit, any photograph you may provide.
4. FOSTER CARE ALUMNI OF AMERICA PROPERTY RIGHTS.
The Website (and all of the material that it contains) is owned by Foster Care Alumni of America Online, 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 Foster Care Alumni of America. In addition, the trademarks, logos and service marks displayed on the website are the property of Foster Care Alumni of America or its licensors. If you are aware of material on the Website that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described below.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING 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, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of Foster Care Alumni of America 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.
5. AVAILABILITY OF SERVICES.
Foster Care Alumni of America 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 Services. From time to time Foster Care Alumni of America may modify, suspend or discontinue any of the Services offered on our Website without notice to you. Foster Care Alumni of America shall not be liable to you for any modification, suspension or discontinuance of Services. Foster Care Alumni of America may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. Foster Care Alumni of America has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
6. THIRD-PARTY OFFERS.
We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that Foster Care Alumni of America shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
7. LINKING TO OR FROM OUR WEBSITE.
You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other organizations and parties, Foster Care Alumni of America has no control over those websites. Foster Care Alumni of America is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. Foster Care Alumni of America is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
8. TERMINATION/CANCELLATION.
You may terminate your registration at any time by contacting our Member Care Department. If you have a dispute with us relating to the Website or the Services, 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. 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. 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.
9. PRIVACY.
Foster Care Alumni of America believes strongly in protecting the privacy of users of the Website and providing you with notice of our collection and use of data, including personally identifying information collected from the Website. Therefore, Foster Care Alumni of America has adopted a Privacy Policy (http://www.fostercarealumni.org/privacy.html), which is incorporated herein by reference, that you should read to fully understand how we collect and use information.
10. COPYRIGHT INFRINGEMENT POLICY.
In compliance with the Digital Millennium Copyright Act ("DMCA"), Foster Care Alumni of America has established the procedure outlined below to address alleged copyright infringement on the Website. If you believe that your work has been copied and has been posted to this Website in a way that constitutes copyright infringement, you may provide Foster Care Alumni of America with notice of your complaint by providing Foster Care Alumni of America' Designated Copyright Agent with the following information in writing: the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit Foster Care Alumni of America to locate the material;
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
To be effective, your notification must be in writing and include the above information. Foster Care Alumni of America' Designated Copyright Agent to receive your notification is: Name of Agent: Intellectual Property Manager Email Address Designated Agent: info@fostercarealumni.org Foster Care Alumni of America, in its sole discretion, reserves the right to refuse additional Content from members who have posted allegedly infringing material, and / or delete the material, or to terminate such members' accounts.
After receiving a notification, Foster Care Alumni of America will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), Foster Care Alumni of America will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Foster Care Alumni of America will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
If you are subject to a notification, you may provide us with a counter notification by providing our Designated Copyright Agent the following information in writing: your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Foster Care Alumni of America may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
Upon receipt of a proper counter notification under the DMCA (as set forth above), Foster Care Alumni of America will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days. Additionally, Foster Care Alumni of America will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless Foster Care Alumni of America's Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website.
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOSTER CARE ALUMNI OF AMERICA 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 FOSTER CARE ALUMNI OF AMERICA MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. FOSTER CARE ALUMNI OF AMERICA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. LIMITATIONS OF LIABILITY.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. FOSTER CARE ALUMNI OF AMERICA AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, 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 FOSTER CARE ALUMNI OF AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
You shall indemnify and hold harmless, and at Foster Care Alumni of America's request defend, Foster Care Alumni of America, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, 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.
14. CHOICE OF LAW & VENUE.
The Terms of Use, your access and use of the Website and Services and the relationship between you and Foster Care Alumni of America is governed by the laws of the State of Virginia, without giving effect to its conflict of law provisions. Foster Care Alumni of America and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Virginia. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, Foster Care Alumni of America 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 Foster Care Alumni of America' 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.
15. COPYRIGHT AND TRADEMARK NOTICE.
Website and its Contents Copyright (c) 2004 Foster Care Alumni of America All rights reserved. Foster Care Alumni of America, fostercarealumni.org and all the brands of other Foster Care Alumni of America products and services shown herein are the trademarks or registered trademarks of Foster Care Alumni of America. Other trademarks belong to their respective owners.
16. MISCELLANEOUS TERMS.
Our relationship is not one of agency or partnership and neither you nor Foster Care Alumni of America 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 Foster Care Alumni of America 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 Foster Care Alumni of America 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 Foster Care Alumni of America' 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 thereunder, 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, the Additional Terms below, 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. |
