|
Terms of
Service
You Are Here: Home> Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Alumni & Friends of Yorktown High School,
Inc (AFYHS)!. AFYHS provides its service to you subject to the following Terms of Service
("TOS"), which may be updated by us from time
to time without notice to you. You can review the most
current version of the TOS at any time by visiting our
website at www.yorktownalums.org. In addition, when using particular AFYHS services, you and AFYHS shall be subject to any posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
AFYHS currently provides users with access to a rich
collection of on-line resources, including, various
communications tools, calendars, and reunion-related information. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service, including the release of new AFYHS properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that AFYHS
assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. In
order to use the Service, you must obtain access to the World
Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated
with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information being the
"Registration Data") and (b)
maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or AFYHS has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
AFYHS has the right to suspend or terminate your account
and refuse any and all current or future use of the Service
(or any portion thereof). AFYHS is concerned about the
safety and privacy of all its users, particularly children.
Students who are less than 18 years of age need a parent or legal guardian’s
permission to use any of the services offered at the AFYHS website, and towards that end ,
you certify that you are at least 18 years old and that you are the legal guardian of the
minor involved. By using the AFYHS web-based services, you are deemed to have given your
child permission to access all of the Services
including, email, message boards, clubs, instant
messages and chat (among others). Please remember that
the Service is designed to appeal to a broad audience. Accordingly,
as the legal guardian, it is your responsibility
to determine whether any of the Services and/or
Content (as defined in Section 6 below) are appropriate
for your child.
4. AFYHS PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more
information, see our full privacy policy on our
website: www.yorktownalums.org
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify AFYHS of any
unauthorized use of your password or account or any
other breach of security, and (b) ensure that you
exit from your account at the end of each session.
AFYHS cannot and will not be liable for any loss or
damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole
responsibility of the person from which such
Content originated. This means that you, and not
AFYHS, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available
via the Service. AFYHS does not control the Content
posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will AFYHS be liable in any
way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;\
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a AFYHS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or
under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of
any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that
are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in
a manner that negatively affects other users'
ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that AFYHS does not pre-screen Content, but that AFYHS and its designees shall have the right (but
not the obligation) in their sole discretion
to refuse or move any Content that is
available via the Service. Without limiting
the foregoing, AFYHS and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that
you may not rely on any Content created by AFYHS or submitted
to AFYHS, including without limitation information in
AFYHS! Message Boards, AFYHS! Clubs, and in all other parts
of the Service.
You acknowledge and agree that AFYHS may preserve Content and may also disclose Content if required to do so by
law or in the good faith belief that such
preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of AFYHS, its users and
the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding
online conduct and acceptable Content.
Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
AFYHS does not claim ownership of Content you submit or
make available for inclusion on the Service.
However, with respect to Content you submit or make
available for inclusion on publicly accessible
areas of the Service, you grant AFYHS the following
world-wide, royalty free and non-exclusive
license(s), as applicable:
* With respect to Content you submit or make
available for inclusion on publicly accessible
areas of AFYHS! Clubs and AFYHS! Groups, the
license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly
display such Content on the Service solely for
the purposes of providing and promoting the specific
AFYHS! Club or AFYHS! Group to which such Content
was submitted or made available. This license exists
only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or AFYHS removes
such Content from the Service.
* With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than AFYHS! Clubs or AFYHS! Groups, the license to use,
distribute, reproduce, modify, adapt,
publicly perform and publicly display such
Content on the Service solely for the purpose for
which such Content was submitted or made available.
This license exists only for as long as you elect
to continue to include such Content on the Service
and will terminate at the time you remove or AFYHS
removes such Content from the Service.
* With respect
to Content other than photos, graphics, audio or
video you submit or make available for inclusion on
publicly accessible areas of the Service other than
AFYHS! Clubs or AFYHS! Groups, the perpetual,
irrevocable and fully sub-licensable license to
use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content
into other works in any format or medium now known
or later developed.
"Publicly accessible" areas of the Service are
those areas of the AFYHS network of properties that
are intended by AFYHS to be available to the
general public. By way of example, publicly
accessible areas of the Service would include
AFYHS! Message Boards and portions of AFYHS! Clubs and
AFYHS! Groups that are open to both members and visitors.
However, publicly accessible areas of the Service would
not include portions of AFYHS! Clubs and AFYHS! Groups that
are limited to members, AFYHS services intended for private
communication such as AFYHS! Mail or AFYHS! Messenger,
or areas off of the AFYHS network of properties such
as portions of World Wide Web sites that are accessible
through AFYHS! Webring but are not hosted or served by AFYHS.
9. INDEMNITY
You agree to indemnify and hold AFYHS, and its
subsidiaries, affiliates (if any), officers, directors, agents, volunteers, co-branders or
other partners, and employees, harmless from
any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your
violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AFYHS may establish general
practices and limits concerning use of the Service,
including without limitation the maximum number of
days that email messages, message board postings or
other uploaded Content will be retained by
the Service, the maximum number of email messages
that may be sent from or received by an account on the
Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the
maximum disk space that will be allotted on AFYHS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that
AFYHS has no responsibility or liability for the
deletion or failure to store any messages and other
communications or other Content maintained or
transmitted by the Service. You acknowledge that
AFYHS reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge
that AFYHS reserves the right to change these general
practices and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS TO SERVICE
AFYHS
reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree
that AFYHS shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that AFYHS, in its sole discretion, may terminate your password, account (or any part thereof) or use of
the Service, and remove and discard any Content
within the Service, for any reason, including,
without limitation, for lack of use or if AFYHS
believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. AFYHS
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that AFYHS may immediately deactivate or delete your
account and all related information and files in
your account and/or bar any further access to such
files or the Service.
Further, you agree that AFYHS shall not be liable to you or any third-party for any termination of your access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service , including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that AFYHS
shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers
on the Service.
15. LINKS
The Service
may provide, or third parties may provide, links to
other World Wide Web sites or resources, including yahoogroups though which electronic
mailing or chat lists (or listservs) are maintained for the benefit of the Yorktown
community, which are subject to the terms and conditions of Yahoo, and PayPal for purposed
of electronic payments, both as maybe modified from time-to-time. Because AFYHS has no
control over such sites and resources, you acknowledge
and agree that AFYHS is not responsible for the availability
of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available
from such sites or resources. You further acknowledge
and agree that AFYHS shall not be 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 such Content, goods or services available
on or through any such site or resource.
16. AFYHS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the
Service ("Software") contain
proprietary and confidential information that is protected
by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by
AFYHS or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
AFYHS grants
you a personal, non-transferable and non-exclusive
right and license to use the object code of its
Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through
the interface that is provided by AFYHS for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFYHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. AFYHS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFYHS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT AFYHS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF AFYHS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any
service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you.
In addition, for this type of information
particularly, the phrase "Let the investor beware"
is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended
for trading or investing purposes. AFYHS and its licensors
shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted
or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICE
Notices to you may be made via either
email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
22. TRADEMARK INFORMATION
Alumni & Friends of Yorktown
High School, Inc. Yorktown Alumni Association, Yorktown Alumni, YHS Alumni Association,
YHS Alumni and AFYHS or AFYHSI are trademarks of Alumni & Friends of Yorktown High
School, Inc. Without AFYHS's prior written permission, you agree not to display or use in
any manner, the AFYHS Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
AFYHS respects the
intellectual property of others, and we ask our
users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement,
please provide AFYHS's Copyright Agent the following
information:
1. an electronic or physical signature
of the person authorized to act on behalf of the
owner of the copyright interest;
2. a description of the copyrighted
work that you claim has been infringed;
3. a description of where the material
that you claim is infringing is located on the
site;
4. your address, telephone number, and
email address;
5. 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;
6. a statement by you, made under
penalty of perjury, that the above
information in your Notice is accurate and that you
are the copyright owner or authorized to act on
the copyright owner's behalf.
AFYHS's Copyright Agent for Notice of
claims of copyright infringement on its site is
Ralph Oser who can be reached as follows: By mail:
Ralph
C. Oser
Copyright Agent
c/o AFYHS! Inc.
Post Office Box 7698
Arlington, VA 22207
By email: admin@yorktownalums.com
24. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and AFYHS and govern your use
of the Service, superceding any prior
agreements between you and AFYHS. You also may be subject
to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you
and AFYHS shall be governed by the substantive and procedural laws of the Commonwealth of
Virginia without regard to its conflict of law provisions.
You and AFYHS agree to submit to the
personal and exclusive jurisdiction and venue of
the courts located within the county of Arlington,
Virginia, and affirmatively prorogate Virginia substantive and procedural law for all
matters related to AFYHS and the use of its website or related service. The failure of
AFYHS to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS
are for convenience only and have no legal or
contractual effect.
25. DISCLAIMER – ALL TERMS AND
CONDITIONS, ACTIONS AND INACTIONS, DECISIONS, POSITIONS, POLICIES AND PRACTICES OF AFYHS
ARE THOSE OF AN INDEPENDENT NON-PROFIT CORPORATION ORGANIZED AND OPERATED UNDER THE LAWS
OF THE COMMONWEALTH OF VIRGINIA, THAT IS ENTIRELY RESPONSIBLE THEREFORE. IN NO MANNER IS ANYTHING ASSOCIATED WITH AFYHS OR
THIS SITE APPROVED, OR SANCTIONED BY YORKTOWN HIGH SCHOOL, ARLINGTON, VIRGINIA, IT’S
FACULTY OR STAFF, OR THOSE OF THE ARLINGTON COUNTY BOARD OF EDUCATION OR COUNTY BOARD.
26. VIOLATIONS
Please report any violations of the TOS to our Administration.
---------------------------------------------------------------
Copyright 2002 Alumni & Friends of Yorktown High School, Inc. All rights
reserved. |