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Terms of Use
& Disclaimer v1.01 for CYSC-Pom.com and The California Youth Spirit Corps
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site,
you agree to be bound by these Terms of Use, and as
amended from time to time with or without notice to
you. In addition, if you are using a particular service
on or through this web site, you will be subject to
any rules or guidelines applicable to those services
and they shall be incorporated by reference into these
Terms of Use. Please
see our Privacy Policy, which is incorporated into these
Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through
our web site on an "AS IS" basis.You agree
that the owners of this web site exclusively reserve
the right and may, at any time and without notice and
any liability to you, modify or discontinue this web
site and its services or delete the data you provide,
whether temporarily or permanently. We shall have no
responsibilty or liability for the timeliness, deletion,
failure to store, inaccuracy, or improper delivery of
any data or information.
3. Your Responsibilities and Registration
Obligations.
In order to use this web site, you must register on
our site, agree to provide truthful information when
requested, and be at least the age of thirteen (13)
or older. When registering, you explicitly agree to
our Terms of Use and as may be modified by us from time
to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable
information that we may collect is subject to the terms
of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality
of your password and shall be responsible for all uses
via your registration and/or login, whether authorized
or unauthorized by you. You agree to immediately notify
us of any unauthorized use or your registration, user
account or password.
6. Your Conduct.
You agree that all information or data of any kind,
whether text, software, code, music or sound, photographs
or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the sole responsibility
of the person providing the Content or the person whose
user account is used. You agree that our web site may
expose you to Content that may be objectionable or offensive.
We shall not be responsible to you in any way for the
Content that appears on this web site nor for any error
or omission.
You explicitly agree, in using this
web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that
may be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortious, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web
site or any service provided, infected with a virus
or other destructive or deleterious programming routine,
give rise to civil or criminal liability, or which may
violate an applicable local, national or international
law;
(b) impersonate or misrepresent your association with
any person or entity, or forge or otherwise seek to
conceal or misrepresent the origin of any Content provided
by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or
service in any commercial manner or in any manner that
would involve junk mail, spam, chain letters, pyramid
schemes, or any other form of unauthorized advertising
without our prior written consent;
(e) provide any Content that may give rise to our civil
or criminal liability or which may consititue or be
considered a violation of any local, national or international
law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including
any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part.
Such license will apply with respect to any form, media,
technology known or later developed;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the
right (but not obligation), in our sole discretion,
to refuse to publish or to remove or block access to
any Content you provide at any time and for any reason,
with or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised
and/or made available on or through this web site. Representations
made regarding products and services provided by third
parties are governed by the policies and representations
made by these third parties. We shall not be liable
for or responsible in any manner for any of your dealings
or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners,
and co-branders from any claim or demand, including
reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your conduct
or connection with this web site or service, your provision
of Content, your violation of this Terms
of Use or any other violation of the rights of another
person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE
AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE")
IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK.
IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE,
OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER
US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT
OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers
of implied warranties and the above disclaimer may not
apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY
TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION
ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted
to limit liability and therefore such limitations may
not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited
to any and all copyrights, trademarks, patents, trade
secrets, and any other proprietary right that we may
have in our web site, its content, and the goods and
services that may be provided. The use of our rights
and property requires our prior written consent. We
are not providing you with any implied or express licenses
or rights by making services available to you and you
will have no rights to make any commercial uses of our
web site or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any
way that would be considered copyright infringement
or a violation of your intellectual property rights,
our copyright agent may be contacted at the following
address:
Click to contact our webmaster
14. Applicable Law.
You agree that this Terms of Use and any dispute arising
out of your use of this web site or our products or
services shall be governed by and construed in accordance
with local laws where the headquarters of the owner
of this web site is located, without regard to its conflict
of law provisions. By registering or using this web
site and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with
any law under which any provision may be held invalid
by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable
law, and the remainder of this Terms of Use will remain
valid and intact; (ii) The failure of either party to
assert any right under this Terms of Use shall not be
considered a waiver of any that party's right and that
right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary
law that any claim or cause arising out of this web
site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be
forever barred; (iv) We may assign our rights and obligations
under this Terms of Use and we shall be relieved of
any further obligation.
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