User Agreement
For the C5 Children's School Private Family-Staff Website
Revised August 30, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
This Terms and Conditions of Use (this "Agreement") is entered into by and between C5 Children's School ("C5") and you, as an end-user of the site (referred to in this Agreement as "You" and "Your") and governs Your use of the C5 Private Family-Staff Website located at the entry point URL http://www.c5children.org/forums and the Web pages located within that domain (the "C5-PFS Website").
Your continued permission to access and use the C5-PFS Website is conditioned on Your acceptance without modification of this Agreement. If You do not agree to any of these terms and conditions, DO NOT USE THIS SITE. This Agreement may be updated from time to time and the most current version of this Agreement is posted on the C5-PFS Website. Your use of the C5-PFS Website constitutes Your acceptance of this Agreement, including any modifications posted on the C5-PFS Website.
Your use of a particular Web page or area within the C5-PFS Website may also be subject to additional terms outlined elsewhere in this Agreement (the "Additional Terms").
Privacy and Protection of Personal Information
See the Privacy Statement, also posted on the C5-PFS Website, for disclosures relating to the collection and use of Your personal information. (Link)
Member Account, Password, and Security
If You wish to open an account to use the C5-PFS Website, You must complete the registration process by providing C5 with current, complete, and accurate information as prompted by the applicable registration form. You will then be provided with a user name and password. By provision of a user name and password, C5 grants to You a limited license to access and view the Web pages within the C5-PFS Website. You are responsible for maintaining the confidentiality of Your user name and password. You are permitted to share Your user name and password with members of Your family. However, You are responsible for any and all activities that occur under Your account. You agree to notify C5 immediately of any actual or suspected unauthorized use of Your account or any other breach of security. C5 is not liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You agree to be liable for any losses incurred by C5 or another party as a result of Your use of Your account and due to someone else using Your account or password.
Copyright and Trademark Rights
All text, graphics, multimedia content or other material available from the C5-PFS Website and all related code, including but not limited to images, photographs, illustrations, audio and video clips, HTML, other mark-up languages, all scripts within the C5-PFS Website and the C5 Jellyperson logo are the property of C5 and are protected by copyrights that are owned or controlled by C5 by other parties that have licensed their material to C5. Material from the C5-PFS Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact any copyright and other proprietary notices, and except as otherwise expressly set forth herein. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
The C5 JELLYPERSON LOGO, C5 CHILDREN'S SCHOOL, LEARNING FOR A LIFETIME, and all other trademarks and service marks located on the C5-PFS Website are owned by C5. No rights to such trademarks or services marks are granted to You by C5, and C5 retains all rights in such trademarks and service marks.
DIGITAL MILLENNIUM COPYRIGHT ACT
C5 has made every effort to secure appropriate clearances for all proprietary intellectual properties used on the C5-PFS Website. If You believe any material on this site is infringing, please contact C5 immediately. Pursuant to the Digital Millennium Copyright Act, C5 has registered an agent to receive copyright infringement claims.
You may notify C5 of alleged intellectual property rights infringement by contacting C5's Designated Agent at:
Joseph R. Wiseman
C5 Children's School
455 Golden Gate Avenue
San Francisco, CA 94102
415-703-1277
j.wiseman@c5children.org
Personal and Non-Commercial Use Limitation
The C5-PFS Website is for Your personal and non-commercial use. Except as otherwise explicitly set forth herein, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the C5-PFS Website.
You are hereby granted a limited non-exclusive license to copy and create derivative works from pictures or content posted on the C5-PFS Website by C5 staff, subject to the following limitations: You acknowledge that privacy and protection of the children attending C5 is of the utmost importance to C5. You agree that any copies or derivative works of the pictures or other content posted on the C5 site are solely for Your personal, non-commercial, private use.
Links to Third Party Sites
The C5-PFS Website services may contain links to third party Websites ("Linked Sites"). The Linked Sites are not under the control of C5 and C5 is not responsible for the contents of any Linked Site. C5 is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by C5 of the site or any association with its operators. You are responsible for reviewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties, including other users of the C5-PFS Website, the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the third party. C5 shall not be responsible or liable for any part of any such dealings or promotions.
No Unlawful or Prohibited Use
As a condition of Your use of the C5-PFS Website, You will not use the C5-PFS Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the C5-PFS Website in any manner which could damage, disable, overburden, or impair the C5-PFS Website (or the network(s) connected to the C5-PFS Website) or interfere with any other party's use and enjoyment of the C5-PFS Website. You may not attempt to gain unauthorized access to the C5-PFS Website, other accounts, computer systems or networks connected to the C5-PFS Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the C5 Websites/Services.
Use of Services
The C5-PFS Website may contain e-mail services, private message services, forums, bulletin board services, chat areas, news groups, communities, personal web pages, calendars, photo albums, video services, electronic file systems or cabinets and/or other message or communication facilities designed to enable You to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:
-- Use the Communication Service in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
-- Defame, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others.
-- Publish, post, upload, modify, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, or material of any kind or information.
-- Upload files or post material that contains software or other materials protected by intellectual property laws (or by rights of privacy of publicity) unless You own or possess the rights thereto or have received all necessary consents to do the same.
-- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
-- Advertise or offer to sell or buy any goods or services for any business purpose, unless C5 specifically allows such messages.
-- Download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner.
-- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
-- Restrict or inhibit any other user from using and enjoying the Communication Services.
-- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
-- Harvest or otherwise collect information about others, including but not limited to e-mail addresses, user names, passwords, their contributions to the Communication Services.
-- Violate any applicable laws or regulations.
-- Create a false identity for the purpose of misleading others.
-- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a C5-PFS Website or other user or usage information or any portion thereof.
C5 has no obligation to monitor the Communication Services. However, C5 reserves the right to review materials posted to a Communication Services and to edit or remove any materials in its sole discretion. C5 reserves the right to terminate Your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
C5 reserves the right at all times to disclose any information as C5 deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. C5 does not fully control or endorse the content, messages or information found in the C5-PFS Website or any Communication Service and, therefore, C5 specifically disclaims any liability with regard to the C5-PFS Website and Communication Services and any actions resulting from Your participation in the C5-PFS Website and any Communication Service. C5 managers, C5-PFS Website moderators, and other users are not authorized C5 spokespersons, and their views do not necessarily reflect those of C5 Children's School.
Materials uploaded to the C5-PFS Website or any Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, You are responsible for adhering to such limitations if You upload or download the materials.
Materials Provided to C5 or Posted Anywhere on C5 Children's Private Family-Staff Website
C5 does not claim ownership of the materials You provide to C5 (including feedback and suggestions) or post, upload, input, or submit to any C5 Website/Service or its associated services for review by the C5-PFS Website users (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting Your Submission You are granting C5, its affiliated organizations, and necessary support services permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. C5 Children's School is under no obligation to post or use any Submission You may provide and C5 may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
The information, software, products, and services included in or available through the C5-PFS Website may include inaccuracies or typographical errors. Changes are periodically made to the C5-PFS Website and to the information therein. C5 and/or its respective suppliers may make improvements and/or changes in the C5 Website services at any time. Advice received via the C5-PFS Website should not be relied upon for personal, medical, legal, or financial decisions, and You should consult an appropriate professional for specific advice tailored to Your situation. C5 and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the C5-PFS Website for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. C5 and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that C5 shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the C5-PFS Website. You specifically agree that C5 is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that C5 is not responsible for any content sent using and/or included in the C5-PFS Website by any third party.
In no event shall C5 and/or its suppliers, agents, directors, officers, or employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the C5-PFS Website or related services, with the delay or inability to use the C5-PFS Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the C5-PFS Website, or otherwise arising out of the use of the C5-PFS Website, whether based on contract, tort, negligence, strict liability or otherwise, even if C5 and/or its suppliers, agents, officers, or employees has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. If You are dissatisfied with any portion of the C5-PFS Website, or with any of these terms of use, Your sole and exclusive remedy is to discontinue using the C5-PFS Website.
General Terms Regarding Use and Storage
You agree that C5 may establish limits concerning use of any service offered on the C5-PFS Website, including without limitation, the maximum number of days that posts, e-mail, or private messages will be retained by the service, the maximum number of posts, e-mail, or private messages that may be sent from or received by an account on the service, the maximum size of a post, e-mail, or private message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on C5's servers on Your behalf, and the maximum number of times and duration You may access the service in a given period of time.
You agree that C5 has no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that C5 reserves the right to delete accounts that are inactive for an extended period of time or when You and/or Your family are no longer enrolled in the C5 program.
C5 makes no warranty that any service will be uninterrupted, timely, secure, or error-free.
Termination / Access Restriction
C5 reserves the right, in its sole discretion, to terminate Your access to any or all of the C5-PFS Website and the related services or any portion thereof at any time, without notice. In that event, all users' rights to access the overall C5-PFS Website or any part of the services or related services end immediately.
C5 may also suspend or terminate or Your access to the C5-PFS Website for failure to pay or for non-receipt of any tuition or fee at any time in its sole discretion. C5 is not obligated to notify You of suspension or termination of service. You may be required to reapply for the C5-PFS Website and perform all necessary tasks to reinstate Your user status. C5 is not obligated in any way to assist You or perform any of its reinstatement functions in any specific time frame. Reinstatement and reconnection of Your account to the C5 Website/Service(s) will be at C5's convenience and within its sole discretion as to priority of work and available resources.
C5 may also terminate or suspend Your access to the C5-PFS Website for inactivity or low activity, which is defined as failing to log into a particular service for an extended period of time or for logging in very infrequently, as determined by C5. The amount of time that C5 currently considers as an "extended" period of time and the period of time considered infrequent may be viewed in the General Information area of the C5-PFS Website relating to the particular service. Upon termination by C5 of Your access to the C5-PFS Website, Your right to use the C5-PFS Website immediately ceases.
C5 shall have no obligation to maintain any service or content or to forward any unread or unsent messages or other content to You or any third party.
No Spam; Damages
C5 will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk postings, email, or Private Messages. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, You agree to pay C5 liquidated damages of $5 (US Currency) for each piece of unsolicited bulk postings, email, or Private Messages transmitted from or otherwise connected with Your account, otherwise You agree to pay C5 actual damages to the extent such actual damages can be reasonably calculated.
General
This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco City/County, California, U.S.A. in all disputes arising out of or relating to the use of the C5-PFS Website. Use of the C5-PFS Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and C5 as a result of this Agreement or use of the C5-PFS Website. You agree to indemnify and hold C5 Children's School, its governing body, subsidiaries, affiliates, directors, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of Your use of or conduct on the C5-PFS Website and any use of the content available on the C5-PFS Website. C5 reserves the right to disclose any personal information about You or Your use of the C5-PFS Website, including its contents, without Your prior permission if C5 has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of C5 or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. C5 performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of C5's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the C5-PFS Website or information provided to or gathered by C5 with respect to such use. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and C5 with respect to the C5-PFS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and C5 with respect to the C5-PFS Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
ADDITIONAL TERMS
There are currently no additional terms.
Copyright: C5 Children's School, August 30, 2007. All rights reserved.
