Date of Last Revision: July 21, 2009.
Introduction, Consent to Terms
Please read these Terms of Use before using the OEA website or
any features of this site, including, but not limited to, Voices of
Change, flickr, YouTube, and other social networking features
(collectively referred to as the "Service" or "Site").
By
using the Service, you agree to be bound by these Terms of Use and the
Privacy Policy. If you do not agree to these Terms of Use and the
Privacy Policy, please exit the Service and do not use the Service or
any of its features. We reserve the right, at our discretion, to
modify, add or delete portions of these terms at any time by posting
updated Terms of Use and/or an updated Privacy Policy on the OEA
website. Please check these Terms of Use and the Privacy Policy
frequently for updates. Any modifications, additions or deletions to
these Terms of Use or the Privacy Policy shall be effective immediately
upon posting. Your continued use of the Service following the posting
of updated Terms of Use or an updated Privacy Policy will mean that you
agree to those changes.
1. REGISTRATION DATA AND ACCOUNT SECURITY
In consideration
of your use of the Service, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain the
security of your password and identification; (c) maintain and promptly
update the Registration Data, and any other information you provide to
keep it accurate, current and complete; and (d) be fully responsible
for all use of your account and for any actions that take place using
your account. You are responsible for maintaining the confidentiality
of any password and account information associated with the Service and
are fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify OEA 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.
OEA cannot and will not be liable for any loss or damage arising from
your failure to comply with the above.
2. OEA PRIVACY POLICY
Registration
Data and certain other information about you are subject to our Privacy
Policy. For more information, see our full privacy policy at www.ohea.org/privacy.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information for storage,
and use by OEA and its affiliates.
3. ACCEPTABLE CONTENT
Please
be aware that OEA Terms of Use forbid any images that contain adult or
mature content. Also forbidden are photos that include any other
persons without the written consent of each party included in the
photo. In particular, you are responsible for obtaining and proving
that you have the written permission from parents for each and every
child included in your photo.
4. INDEMNITY
You agree to
indemnify and hold OEA and its affiliates, officers, agents, employees,
partners and contractors harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable
attorneys' fees, arising out of or in connection with any User Content,
any Third Party Applications, Software or Content you post or share on
or through the Site, your use of the Service or the Site, your conduct
in connection to the Service or the Site or with other users of the
Service or the Site, or any violation of this Agreement or of any law
or the rights of any third party.
OEA DOES NOT PRE-SCREEN OR
APPROVE THE CONTENT ON THE SITE AND CANNOT GUARANTEE THAT A PAGE WAS
ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT
IS THE SUBJECT OF ANY SUCH PAGE. NOR IS OEA RESPONSIBLE FOR THE CONTENT
ON ANY PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON
OR IN CONNECTION WITH ANY PAGE, INCLUDING HOW THE USER HANDLES, USES
AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS
(PLEASE REVIEW THE OEA PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR
CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION).
YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR
ENTERING INTO ANY TRANSACTION ONLINE.
5. USER CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, and not OEA, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via the Service. OEA does not control the Content posted 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 OEA be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available the Service.
You
represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted, or shared by you
on or through the Service 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.
In addition, you agree to not use the OEA website or any associated sites to:
- harvest
or collect email addresses or other contact information of other users
from the Service by electronic or other means for the purposes of
sending unsolicited emails or other unsolicited communications;
- upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited
to, an OEA official, a local leader, an OEA member, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- 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);
- 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;
- 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 on the Site;
- 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;
- 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;
- 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;
- 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;
- provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material support
or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited
- conduct any activities set forth in paragraphs 1 through 15.
You
acknowledge that OEA may or may not pre-screen Content, but that OEA
and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any Content that
is available via the Service. Without limiting the foregoing, OEA and
its designees shall have the right to remove any Content that violates
the Agreement 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 OEA or submitted to OEA, including without
limitation information in OEA Message Boards and in all other parts of
the Site.
You acknowledge, consent and agree that OEA may
access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Agreement; (c) respond to claims that
any Content violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property or
personal safety of OEA, its members 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.
You understand
that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Yahoo
and/or content providers who provide content to the Service. You may
not attempt to override or circumvent any of the usage rules embedded
into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7. USER CONTENT POSTED TO THE SITE
By
submitting photos, images, messages, notes, text, information, music,
videos, and other content that you upload, publish or display
("Contributions") to the Site, you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information;
(b) OEA is not under any obligation of confidentiality, express or
implied, with respect to the Contributions; (c) OEA shall be entitled
to use or disclose (or choose not to use or disclose) such
Contributions for any purpose, in any way, in any media worldwide; (d)
OEA may have something similar to the Contributions already under
consideration or in development; (e) your Contributions automatically
become the property of OEA without any obligation of OEA to you; and
(f) you are not entitled to any compensation or reimbursement of any
kind from OEA under any circumstances.
You are solely
responsible for your Contributions on or through the Service or the
Site, or transmit to or share with other users (collectively the "User
Content"). You may not post, transmit, or share User Content on the
Site or Service that you did not create or that you do not have
permission to post. You understand and agree that the OEA may, but is
not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for
any reason or no reason, including User Content that in the sole
judgment of OEA violates this Agreement, or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety
of users or others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User Content you
post or store on the Site or provide to OEA.
When you post User Content to the Site, you authorize and direct us
to make such copies thereof as we deem necessary in order to facilitate
the posting and storage of the User Content on the Site. By posting
User Content to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to OEA an
irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the
promotion thereof, to prepare derivative works of, or incorporate into
other works, such User Content, and to grant and authorize sublicenses
of the foregoing. You still retain full ownership of all of your User
Content and any intellectual property rights or other proprietary
rights associated with your User Content.
8. MODIFICATION TO SERVICE
OEA
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 OEA shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
9. PROPRIETARY RIGHTS
All
content on the Site and available through the Service, including
designs, text, graphics, pictures, video, information, applications,
software, music, sound and other files, and their selection and
arrangement (the "Site Content"), are the proprietary property of OEA,
with all rights reserved. No Site Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, displayed,
posted, transmitted, or sold in any form or by any means, in whole or
in part, without OEA's prior written permission, except that the
foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. Provided that you are eligible for
use of the Site, you are granted a limited license to access and use
the Site and the Site Content and to download or print a copy of any
portion of the Site Content to which you have properly gained access
solely for your personal, non-commercial use, provided that you keep
all copyright or other proprietary notices intact. Except for your own
User Content, you may not upload or republish Site Content on any
Internet, Intranet or Extranet site or incorporate the information in
any other database or compilation, and any other use of the Site
Content is strictly prohibited. Such license is subject to these Terms
of Use. Any use of the Site or the Site Content other than as
specifically authorized herein, without the prior written permission of
OEA, is strictly prohibited and will terminate the license granted
herein. Such unauthorized use may also violate applicable laws
including copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in
these Terms of Use shall be construed as conferring any license to
intellectual property rights, whether by estoppels, implication or
otherwise. This license is revocable at any time without notice and
with or without cause.
10. DISCLAIMERS
OEA is not responsible
or liable in any manner for any User Content or Third Party
Applications, Software or Content posted on the Site or in connection
with the Service, whether posted or caused by users of the Site, by
third parties or by any of the equipment or programming associated with
or utilized in the Site or the Service. Although we provide rules for
user conduct and postings, we do not control and are not responsible
for what users post, transmit or share on the Site and are not
responsible for any offensive, inappropriate, obscene, unlawful or
otherwise objectionable content you may encounter on the Site or in
connection with any User Content or Third Party Applications, Software
or Content. OEA is not responsible for the conduct, whether online or
offline, of any user of the Site or Service.
The Site and the
Service may be temporarily unavailable from time to time for
maintenance or other reasons. OEA 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 communications. OEA is
not responsible for any technical malfunction or other problems of any
telephone network or service, computer systems, servers or providers,
computer or mobile phone equipment, software, failure of email or
players on account of technical problems or traffic congestion on the
Internet or at any Site or combination thereof, including injury or
damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection
with the Service or the Site. Under no circumstances will OEA be
responsible for any loss or damage, including any loss or damage to any
User Content or personal injury or death, resulting from anyone's use
of the Site or the Service, any User Content or Third Party
Applications, Software or Content posted on or through the Site or the
Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
OEA reserves the right
to change any and all content, software and other items used or
contained in the Site at any time without notice. Reference to any
products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by OEA.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING
THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE
CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER
SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
OEA
AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
CONTACRTORS EXPRESSLY DISCLAIM 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.
OEA CANNOT GUARANTEE AND DOES NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE
AND/OR ANY PLATFORM APPLICATIONS. OEA DOES NOT REPRESENT OR WARRANT
THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY
PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF
ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OEA OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
OEA AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE 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.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF
THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
11. LIMITATION ON LIABILITY
IN
NO EVENT WILL OEA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO
THE DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF
THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE
CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE
SITE, EVEN IF OEA IS AWARE OR 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.
12. TERMINATION
You
agree that OEA may terminate your account, delete any content or
information that you have posted on the Site and/or prohibit you from
accessing the Site for any reason, or no reason, at any time in its
sole discretion, with or without notice, including if it believes that
you are not an active OEA member or are under 18. Other causes for such
termination shall include, but not be limited to, (a) breaches or
violations of the Agreement or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) discontinuance or material modification to the Service
(or any part thereof), (d) unexpected technical or security issues or
problems, (e) extended periods of inactivity, (f) engagement by you in
fraudulent or illegal activities, and/or (g) nonpayment of any fees
owed by you in connection with the Services. Termination of your OEA
group membership account includes removal of access to all offerings
within the Site, including but not limited to the OEA website, Voices
of Change, YouTube, flickr, and other social networking features.
Further, you agree that all terminations for cause shall be made at
OEA's sole discretion and that OEA shall not be liable to you or any
third party for any termination of your account.
13. COPYRIGHT INFRINGEMENT
OEA
respects the intellectual property rights of others and we prohibit
users from uploading, posting or otherwise transmitting on the Site or
Service any materials that violate another party's intellectual
property rights. If you believe that any material on the Site infringes
upon any copyright, which you own or control, you may send a written
notification of such infringement to OEA.
14. VIOLATIONS
Please report violations of any of the provisions in these Terms of Use to the OEA.
15. MISCELLENEOUS
OEA’s
failure to insist upon or enforce strict performance of any provision
in these Terms of Use shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of these Terms of
Use.
If any of the provisions of these Terms of Use are held
by a court or other tribunal of competent jurisdiction to be not
enforceable, then such provisions shall be limited or eliminated to the
minimum extent necessary so that these Terms of Use shall otherwise
remain in full effect.
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