|
By registering you agree to the following
Terms of Use.
These Terms of Use are effective as of 30
January 2009. Updated: 30 January 2009.
Welcome to oglethorpecountyband.net, a website
created and maintained specifically as a method of communication for and between
Oglethorpe County High School Band Students and their parents.
oglethorpecountyband.net is owned by the OCHS Band Boosters and is operated by
the OCHS Band (OCHS Band will include the Oglethorpe County High School Band
Director and the "site team". This site is administered by a selected website
administrator and is also moderated by selected student moderators under the
direction of the OCHS Band Director--this personal are the site team. By using
the oglethorpecountyband.net web site, you signify that you have read,
understand and agree to be bound by these Terms of Use ("Terms of Use" or
"Agreement"). We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these Terms of Use at any time without further
notice. If we do this, we will post the changes to these Terms of Use on this
page and will indicate at the top of this page the Terms of Use's effective
date. Your continued use of the Web site after any such changes constitutes
your acceptance of the new Terms of Use. If you do not agree to abide by these
or any future Terms of Use, please do not use or access this Web site. It is
your responsibility to regularly review these Terms of Use, however if and when
any changes are made, you will be promted to review and accept the new changes.
Eligibility
You must be a member of the OCHS Band or a
parent/guardian to register as a member. If you cannot be authenticated by the
OCHS Band, you will not be allowed to become a member or access private content
on the Web Site. Membership is void where prohibited. By using the Web site,
you represent and warrant that you agree to and to abide by all of the terms and
conditions of this Agreement. oglethorpecountyband.net may terminate your
Membership and/or prohibit you from using or accessing the Web site for any
reason, at any time. If any members who are not current band members or
parents/guardians of a band member(s) are granted access, they have been
approved as per the acknowledgment of the OCHS Band Director.
Member Conduct
You understand that the Web site is available
for your personal, non-commercial use only. You represent, warrant and agree
that no materials of any kind submitted through your account will violate or
infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain libelous,
defamatory or otherwise unlawful material. You further agree that you may not
use the Web site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair Web site. In addition, you agree not to
use the Web site to: upload, post, email, transmit or otherwise make available
any content that we deem to be harmful, threatening, abusive, harassing, vulgar,
obscene, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent
yourself or your affiliation with any person or entity; 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; 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; intimidate or harass another; use or attempt to
use another's account, service or system without authorization, or create a
false identity on the Web site
Member Content Posted on the Web site
You are solely responsible for the photos,
profiles and other content that you publish or display (hereinafter, "post") on
or through the Web site, or transmit to other Members (collectively the "Member
Content"). You understand and agree that the OCHS Band may review and delete or
remove any Member Content that in their sole judgment violates this Agreement or
which might be offensive, inappropriate, illegal, or that might violate the
rights, harm, or threaten the safety of Members or others. By posting Member
Content to any part of the Web site, you automatically grant, and you represent
and warrant that you have the right to grant, to the OCHS Band an irrevocable,
perpetual, non-exclusive, transferable, fully paid, worldwide license (with the
right to sublicense) to use, copy, perform, display, reformat, translate,
excerpt (in whole or in part) and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing. You may
remove your Member Content from the Web site at any time. If you choose to
remove your Member Content, the license granted above will automatically expire.
You also have the right to request deletion of any posted content referring to
you by name.
Copyright Policy
We respect the intellectual property rights of
others. If you believe your work has been copied in a way that constitutes
copyright infringement or are aware of any infringing material on the Web site,
please contact us at support@oglethorpecountyband.net and provide us with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on the
Web site; your address, telephone number, and email address; a written 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; 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.
Links to Other Websites
The Web site contains links to other web
sites. We are not responsible for the content, accuracy or opinions express in
such web sites, and such web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked web site on or
through the Web site or the Service does not imply approval or endorsement of
the linked web site by us. If you decide to leave the Web site and access these
third-party sites, you do so at your own risk.
Member Disputes
You are solely responsible for your
interactions with other Members. We reserve the right, but have no obligation,
to monitor disputes between you and other Members.
Privacy
We care about the privacy of our Members. This
Web site's Privacy Policy can be reviewed at
http://www. oglethorpecountyband.net /privacypolicy.htm. By using the Web
site, you are consenting to have your personal data transferred to and processed
in the United States.
Disclaimers
The OCHS Band is not responsible for any
incorrect or inaccurate Content posted on the Web site, whether posted or caused
by users of the Web site, Members or by any of the equipment or programming
associated with or utilized in the Web site. The OCHS Band is not responsible
for the conduct, whether online or offline, of any Member of the Web site. The
Web site may be temporarily unavailable from time to time for maintenance or
other reasons. The OCHS Band assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user or Member communications. The OCHS Band is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any web site or combination thereof, including
injury or damage to users and/or Members or to any other person's computer
related to or resulting from participating or downloading materials in
connection with the Web. Under no circumstances will the OCHS Band be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Web site or the Service, any Content posted
on or through the Web site or transmitted to Members, or any interactions
between users of the Web site or Members, whether online or offline. THE WEB
SITE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE OCHS BAND DISCLAIMS ANY AND
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE OCHS BAND CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE WEB SITE.
Governing Law and Venue
By visiting or using the Web site, you agree
that the laws of the State of Georgia, without regard to principles of conflict
of laws, will govern these Terms of Use and any dispute of any sort that might
arise between you and the OCHS Band or any of its affiliates. Any dispute
relating in any way to the Web site (including your visit to or use of the Web
site) shall be submitted to confidential arbitration in Lexington, Georgia,
except that, to the extent you have in any manner violated or threaten to
violate the OCHS Band intellectual property rights, we may seek injunctive or
other appropriate relief in any state or federal court of competent
jurisdiction. For the purpose of such relief, you hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non conveniens with
respect to, non-exclusive venue and jurisdiction in the state and federal courts
of Georgia.
Indemnity
You agree to indemnify and hold the OCHS Band
and its affiliates harmless from and against any loss, liability, claim, or
demand, including reasonable attorney's fees, arising out of any claim, action,
investigation or proceeding made or instituted by any third party due to or
arising out of your use of the Web site in violation of this Agreement or your
violation of any law or the rights of a third party.
Other
These Terms of Use, together with the Privacy
Policy and any other policies of the OCHS Band posted by us on the Web site,
constitute the entire agreement between you and the OCHS Band regarding the use
of the Web site, superseding any prior agreements between you and the OCHS Band
relating to your use of the Web site. The failure of the OCHS Band to exercise
or enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision in that or any other instance. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
Further Information
You may address any questions to
support@oglethropecoungyband.net
|