Terms of Use

Terms of Use
TERMS AND CONDITIONS OF USE FOR DANIEL WEBSTER ELEMENTARY SCHOOL PTA WEBSITE THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE DANIEL WEBSTER ELEMENTARY SCHOOL PTA ((“WE” “US” OR “DANIEL WEBSTER PTA”) WEBSITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND THE DANIEL WEBSTER PTA AND GOVERN YOUR ACCESS TO AND USE OF THE DANIEL WEBSTER PTA WEBSITE LOCATED AT: HTTP://WWW.DANIELWEBSTER-SF.COM (THE “SITE”). YOUR USE OF DANIEL WEBSTER PTA’S SITE IS SUBJECT TO THESE TERMS. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
DANIEL WEBSTER PTA MAY, IN ITS SOLE DISCRETION, MAKE CHANGES TO THE SITE AND THESE TERMS AT ANY TIME. DANIEL WEBSTER PTA WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
1. Agreement to Terms. As long as you comply with these Terms, Daniel Webster PTA grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site.2. Purposes of this Site. 2.1 To Provide Information about Daniel Webster Elementary School and the Daniel Webster PTA. Click here: http://www.danielwebster-sf.com to visit the home page. 2.2 To Allow People to Post Comments about Daniel Webster Elementary School and the Daniel Webster PTA. This Site is an appropriate website to discuss and make comments and suggestions. You agree that Daniel Webster PTA has the right to use any information, comments, ideas and/or suggestions that you post to any area of the Site or include in any e-mail to Daniel Webster PTA for any purpose and on an unrestricted basis. Please see the Postings section below for rights and restrictions applicable to Postings (as defined below). 3. Privacy. Daniel Webster PTA’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. To view Daniel Webster PTA’s Privacy Policy, Click here. 4. Content. 4.1 Content. Daniel Webster PTA provides content on the Site. Information, photographs, text, and documents provided on and through the Site, including content, trademarks, logos, graphics and images (together, the “Content”) are owned, controlled, or licensed by or to Daniel Webster PTA and are protected by copyright, trade dress, trademark laws, and various other intellectual property rights and laws. You agree to display the Content on your personal computer solely for your personal or business use as a function of your use of this Site. 4.2 Third Party Content. This Site contains information and content provided by third party suppliers to and supporters of Daniel Webster PTA (“Third Party Content”). The Third Party Content is, in each case, owned, controlled or licensed by or to the creator/licensor/owner. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use as a function of your use of this Site. 4.3 Links to Third Party Sites. This Site is linked to other sites that are not Daniel Webster PTA sites. Daniel Webster PTA is providing these links to you only as a convenience, and Daniel Webster PTA is not responsible for the content or links displayed on such sites. 4.4 Acknowledgements. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this Section 4), distribute, edit, alter or enhance any of the Content or Third Party Content in any manner unless you have permission from the Daniel Webster PTA or the owner of the Third Party Content. DANIEL WEBSTER PTA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT AND/OR THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 5. Postings 5.1 Postings. You acknowledge that you are responsible for the information and material that you post to the Site or or to the Daniel Webster PTA (each, a “Posting”) through email messages, comments and posting areas, and that you, and not Daniel Webster PTA, will have full responsibility for such Posting(s), including its legality, reliability, appropriateness, originality and copyright. Daniel Webster PTA does not claim any ownership rights in any Posting(s) that you submit, post, or display on or through the Site. AFTER SUBMITTING, POSTING OR DISPLAYING A POSTING ON OR THROUGH THE SITE, YOU CONTINUE TO RETAIN ALL OWNERSHIP RIGHTS IN SUCH POSTING. You agree that any Posting you post at this Site shall be deemed to be non-confidential and non-proprietary to you. You agree that Daniel Webster PTA shall be free to use or disseminate Posting(s) on an unrestricted basis for any purpose and if you submit information to the Site, you grant Daniel Webster PTA a worldwide, non-exclusive (meaning you are free to license the content of your Posting to anyone else in addition to Daniel Webster PTA), fully-paid and royalty-free (meaning that Daniel Webster PTA is not required to pay you for the use on the Site of the content of the Posting that you post), and sublicensable (so that Daniel Webster PTA is able to, among other things, share its rights with its affiliates and subcontractors such as Internet content delivery networks, right and license to link to, utilize, use, copy, exploit, and prepare derivative works of your Posting. Daniel Webster PTA agrees to use any personally identifiable information included in your Posting in accordance with Daniel Webster PTA’s Privacy Policy. 5.2 Posting Etiquette Daniel Webster PTA asks that you respect our on-line community and other individuals. When submitting Postings to or otherwise using the Site, you agree not to: * Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. * Impersonate or represent Daniel Webster PTA, Daniel Webster Elementary School, itsstaff or other industry professionals. * Solicit a member’s password or other account information. * Harvest user names, addresses, or email addresses for any purpose other than to commentary on Daniel Webster PTA or Daniel Webster Elementary School. * Use racially, ethnically, or otherwise offensive language. * Incite illegal activity. * Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). This list of prohibitions provides examples and is not complete or exclusive. Daniel Webster PTA reserves the right to (a) terminate your access to yourthe Site, your ability to post to this Site and (b) refuse, delete or remove any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Daniel Webster PTA determines is inappropriate or disruptive to this Site or to any other user of this Site. Daniel Webster PTA may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Daniel Webster PTA’s discretion, Daniel Webster PTA will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require Daniel Webster PTA to monitor, police or remove any Postings or other information submitted by you or any other user. 5.3 Unauthorized Activities. Postings and unauthorized use of any Content, or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold Daniel Webster PTA and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) Daniel Webster PTA or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party. 6. Termination. Daniel Webster PTA prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. Certain violations of these Terms however, as determined solely by Daniel Webster PTA, will result in termination of your access to the Site. Daniel Webster PTA will provide you with notice of the termination of your access. Sections of these Terms governing the proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. 7 Proprietary Rights. 7.1 Trademarks and Copyright Notices. Daniel Webster PTA is a service mark [service name?] of Daniel Webster PTA in the United States. All other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Daniel Webster PTA, Copyright © 2009 Daniel Webster PTA. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. 7.2 Copyright and Trademark Infringements. Notification: Daniel Webster PTA respects the intellectual property rights of others, and we ask you to do the same. Daniel Webster PTA may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Daniel Webster PTA’s designated agent the following information: * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. * Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Daniel Webster PTA to locate the material. * Information reasonably sufficient to permit Daniel Webster PTA to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Daniel Webster PTA’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: By e mail: info@danielwebster-sf.com. 8. Disclaimer of Warranties. Your use of this Site is at your own risk. Neither the Content, Postings nor the Third Party Content have been verified or authenticated in whole or in part by Daniel Webster PTA, and they may include inaccuracies or typographical errors. Daniel Webster PTA does not warrant the accuracy of timeliness of the Content, Postings or the Third Party Content contained on this Site. Daniel Webster PTA has no liability for any errors or omissions in the Content, Postings and/or the Third Party Content, whether provided by Daniel Webster PTA or our licensors. DANIEL WEBSTER PTA, FOR ITSELF AND ITS LICENSORS AND CONTRIBUTORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES OR ANY MATERIALS, POSTINGS OR THIRD PARTY CONTENT OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THECONTENT, POSTINGS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, CONTENT, POSTINGS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DANIEL WEBSTER PTA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. 9. Limitation of Liability; Waiver of Consequential Damages. DANIEL WEBSTER PTA AND ITS LICENSORS AND CONTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANYCONTENT, POSTINGS OR THIRD PARTY CONTENT ON THE SITE OR YOUR USE OR INABILITY TO USE THE SITE. IN NO EVENT SHALL DANIEL WEBSTER PTA OR ITS LICENSORS AND CONTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF DANIEL WEBSTER PTA KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. 10. Limitation on Damages. IN NO EVENT SHALL DANIEL WEBSTER PTA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS SITE EXCEED ONE HUNDRED DOLLARS (USD $100).11. General 11.1 Governing Law. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the State of California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. 11.2 Local Laws. Daniel Webster PTA controls and operates this Site from the United States of America and the Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. 11.3 Miscellaneous. Daniel Webster PTA’s failure to enforce any of these Terms is not a waiver of such term. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be replaced with provisions that best embody the intent of these Terms, so that these Terms remain in full force and effect. 11.4 Entire Agreement. The Terms are the entire agreement between you and Daniel Webster PTA and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Daniel Webster PTA about the 
Site. Last updated on January 4th, 2010