|
|
Terms of Service Agreement
Welcome to Chaminade University of Honolulu’s Alumni Community (“Organization”) - an online social networking service. By using this online social networking community (“Service”), you accept and agree to be bound by the following terms and conditions (the "Agreement"). The Organization may change, suspend or discontinue any aspect of said web site at any time for any reason, and without notice, without liability to you, any other Member or any third party. The Organization may modify this Agreement at any time without notice, and such modifications shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your acceptance of the modified Agreement.
Eligibility and Registration
You must be 18 years or older to use the Service. By registering for the Service, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service Agreement.
In addition, you must provide true, accurate and complete registration information to be a Service member ("Member"). As part of the registration process, you will be asked to provide your email address (that will also serve as your login ID) and select a password and you will be responsible for all activities occurring under your login ID and for keeping your password secure. We may refuse to post any profile information provided by you that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Appropriate Conduct and Content; Personal Use Only
The Service is made available for your personal, non-commercial use only. Businesses, organizations and other legal entities may not use the Service for any purpose.
You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or this Agreement.
Other examples of illegal or unauthorized uses include, but are not limited to:
- Modifying, adapting, translating, or reverse engineering any portion of the Service;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Service;
- Collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
- Reformatting or framing any portion of the web pages that are part of the Service;
- Creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members.
- Submitting Materials of any third party without such third party's prior written consent;
- Directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
- Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by the Service ;
- Submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; <
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Submitting Materials that are unlawful or promote or encourage illegal activity; or
- Submitting false or misleading information.
You also agree to not:
- Upload, post, distribute, e-mail or otherwise publish or make available on Service’s web sites any libelous, defamatory, obscene, harmful, vulgar, threatening, tortuous, harassing, abusive, invasive of another's privacy, hateful, racially or ethnically objectionable, or otherwise illegal material;
- upload, post, distribute, e-mail or otherwise publish or make available on Service’s web sites 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);
- upload, post, distribute, e-mail or otherwise publish or make available on Service’s web sites any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, distribute, e-mail or otherwise publish or make available on Service’s web sites any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
- upload, post, distribute, e-mail or otherwise publish or make available on service’s LLC web sites 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.
- Any submissions you make may be edited, removed, modified, published or displayed by Organization without prior notice at its sole discretion.
- Download any multimedia content paid or otherwise without a registered and active account to the site.
While the Service prohibits the above conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Service at your own risk.
By submitting, posting or displaying any Materials on or through the Service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials.
The images and materials found in the web sites are copyrighted or otherwise proprietary. Permission to reprint or electronically reproduce any document, photograph or graphic in whole or in part for redistribution is expressly prohibited, unless prior written consent is obtained from the Organization. Should any visitor to the Organization’ web sites provide information, questions, comments, suggestions, ideas or any material through the feedback or forum mechanisms located in the web sites, the Organization shall have no obligation of any kind with respect to such information and shall be free to reproduce, delete, use, disclose and distribute the information to others without limitation.
None of the information contained in this web site shall be construed as an indication of Organization’s views, opinions or recommendations, or endorsement thereof. Except as specifically stated otherwise, the Organization do not endorse, operate, control, guarantee or assume responsibility for any product, brand, method, treatment, information, resource, hyperlink, services on or access to their web sites, in any way.
In consideration for your use as a visitor to or advertiser on the web site, you agree that in no event will the Organization or any other party involved in creating, producing or delivering this web site or any site linked to this web site, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon or access to the information, advertising, e-commerce or other services provided through the web site, even if you advise the Organization of errors or the possibility of any claims or damages.
In regards to health care, real estate, investment, automotive and any other area, the Organization’s web site area information, resources and links found on this site and the material and content contained therein is for general information only and is not intended to be a substitute for professional advice, service, diagnosis, interaction or treatment. Users of these areas should not rely exclusively on information provided in these areas for their own health care, real estate, investment, automotive and other needs. All specific questions should be presented to your own professional health care, real estate, investment, automotive and other professional.
You represent, warrant, covenant (a) that no materials of any kind submitted to Organization’ web sites will (i) violate, plagiarize or infringe on the rights of any third party; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You shall indemnify, defend and hold harmless the Organization and its officers, directors, owners, agents and employees from all liability and costs incurred by those indemnified in connection with any claim arising out of any breach by you of this agreement.
Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy. You understand and agree that the Organization may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of the Organization, its affiliates or the public. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
Disclaimer of Warranties
THE ORGANIZATION AND ITS AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE, ACCESS TO OR OTHER INFORMATION CONTAINED OR REFERENCED IN THE ORGANIZATION’ WEB SITES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), PRODUCTS AND SERVICES. USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. THE ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ORGANIZATION DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE WEB SITES OR THE INFORMATION CONTAINED THEREIN. THE ORGANIZATION DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SERVICE. THE ORGANIZATION DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF ANY MEMBER. YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify the Organization from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Organization will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE ORGANIZATION BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER OR NOT THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES);(III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) RELIANCE ON ANY INFORMATION CONTAINED ON THE ORGANIZATION’ WEB SITES; (V) DOWNLOADING AND/OR USING ANY SOFTWARE OR MATERIAL FROM OR THROUGH THE ORGANIZATION’ WEB PAGES OR (VI) ANY OTHER MATTER RELATING TO THE ORGANIZATION’ WEB PAGES, AND (VI) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate your membership immediately at any time, for any reason, by selecting the cancel account option in your profile. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Notices
The Organization may provide you with notices regarding the Service or these Terms of Service by regular mail, email, or postings to this Web site.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Honolulu, Hawaii. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall the Organization be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and the Organization. with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

|
|
|
|
|