Terms of Service
1. Use of OrgCalendar.com is available only to persons over the age of 16.
2.
OrgCalendar.com reserves the right to modify the Terms of Participation
at any time and without prior notice to its Users. We may add to,
change, delete or end our or YOUR use of our service at any time. The
service may be temporarily unavailable from time to time for maintenance
or other reasons.
3. OrgCalendar.com is not involved in any
transaction between any parties who uses our site. OrgCalendar.com
cannot and does not control the behavior of the participants on this
site. OrgCalendar.com does not assume responsibility for the content or
context of the user areas. OrgCalendar.com does not necessarily endorse,
support, sanction, encourage, verify, or agree with the comments,
opinions, or statements posted by users in their personal comments,
chat, message boards, or elsewhere. Any information or material placed
in the forums or elsewhere, including comments, are the views of those
who post the statements, and do not necessarily represent the views of
OrgCalendar.com. You agree that OrgCalendar.com is not responsible, and
shall have no liability to you, with respect to any information or
materials posted by others, including defamatory, offensive or illicit
material.
4. If there is a dispute between participants on this
site, OrgCalendar.com is under no obligation to become involved. In the
event that YOU have a dispute with one or more Users, YOU hereby release
OrgCalendar.com, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of
every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such
disputes and / or our service. If YOU are a California resident, YOU
waive California Civil Code Section 1542, which says "A general release
does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the
debtor."
5. OrgCalendar.com has not reviewed and does not endorse
the content of all sites linked to from this Service and is not
responsible for the content or actions of any other sites linked to from
this Service. Linking to any other service or site from this Service is
at your sole risk.
6. The OrgCalendar.com service may be used
only for lawful purposes. Transmission, distribution or storage of
material or conduct in violation of any applicable local, state,
federal, or foreign law or regulation is prohibited. This includes
without limitation any unauthorized use of material protected by patent,
copyright, trademark or other intellectual property right, material
that is obscene, defamatory or libelous, constitutes an illegal threat,
or violates rights of privacy or publicity, or violates export control
laws. YOU may use the information on our site only to the extent
necessary to facilitate OrgCalendar.com related transactions.
You
agree not to use any obscene, indecent, overtly sexual, or offensive
language, or to place on the Service any material that is libelous,
abusive, harassing, annoying, or hateful, or that constitutes
unauthorized advertising, invades anyone's privacy, or encourages
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, national or
international law or regulation. You agree to use the Service only for
lawful purposes.
7. OrgCalendar.com prohibits the transmission,
distribution or posting of unwanted or offensive content. Prohibited
transmissions include without limitation, profane or sexually explicit
advertisements that include masking or misspelling the words, or images
that would be illegal in any jurisdiction. It is YOUR responsibility,
and YOU agree to comply with all requirements, legal or other.
Additional prohibitions include misleading offers that do not list the
total purchase price or a "bait & switch" of products,
advertisements listed in the incorrect category, telephone numbers, the
sale or distribution of firearms, weapons or controlled substances,
make-money fast schemes, pyramid or chain letters, fraudulent or
criminal offers including but not limited to registering another email
address other than YOUR own, any posting with the goal of harassment of
another, sexual requests from or for a minor, racial slurs or comments,
harassment, placing a fraudulent ad, unsolicited advertising (whether
commercial or informational) and unsolicited email or advertisements
including, but not limited to adult or dating services placing
advertisements ("SPAM"). Further, OrgCalendar.com prohibits the
transmission, distribution or posting of any matter which discloses
personal or private information concerning any person or entity,
including without limitation phone number(s) or addresses, credit debit
cards, calling card, User account numbers/passwords or similar financial
information, and home phone numbers or addresses. Even though all of
this is strictly prohibited, there is a small chance that YOU might
become exposed to such items and YOU further waive YOUR right to any
damages (from any party) related to such exposure.
8.
OrgCalendar.com strongly opposes SPAM, which floods the Internet with
unwanted and unsolicited email and deteriorates the performance and
availability of the OrgCalendar.com service. All forms of SPAM, and all
activities that have the effect of facilitating SPAM, are strictly
prohibited.
9. OrgCalendar.com also prohibits the use of another
Internet service to send or post SPAM to drive visitors to YOUR site
hosted on or through OrgCalendar.com systems, whether or not the
messages were originated by YOU, under YOUR direction, or by or under
the direction of a related or unrelated third party.
10. Other
than connecting to Service Provider's servers by HTTP requests using a
Web browser, you may not attempt to gain access to Service Provider's
servers by any means including, without limitation, by using
administrator passwords or by masquerading as an administrator while
using the Service or otherwise. You agree not to disrupt, modify or
interfere with the Service or its associated software, hardware and
servers in any way, and you agree not to impede or interfere with
others' use of the Service. You further agree not to alter or tamper
with any information or materials on, or associated with, the Service.
11.
Postings to the Service are not private. You grant OrgCalendar.com the
unrestricted right to use, reproduce, modify, translate, transmit,
publish, and distribute any material you post to the Service in any
medium (now in existence or hereafter developed), and for any purpose,
including commercial uses, and to authorize others to do so.
12.
If OrgCalendar.com, in its sole discretion, determines that a violation
of the Terms of Participation has occurred, OrgCalendar.com may pursue
any of its legal remedies, including but not limited to the immediate
deletion of any offending material from its site, cancellation of YOUR
account and /or the exclusion of any person(s) who may have violated any
Terms of Participation. OrgCalendar.com could also pursue violators
with claims that they have violated various criminal and/or civil laws
as applied by the relevant jurisdiction. OrgCalendar.com will cooperate
with any investigation by any Federal, State, or local body or any court
or tribunal legitimately exercising its rights. Such cooperation may be
without notice to YOU. If OrgCalendar.com believes in its sole
discretion that any ad may create liability for OrgCalendar.com,
OrgCalendar.com may take any actions that it believes are prudent or
necessary to minimize or eliminate its potential liability, including
but not limited to, the release of User information. In sum,
OrgCalendar.com reserves the right to refuse service to anyone at any
time, and to remove any listings or any advertisements for any reason,
and without notice.
13. OrgCalendar.com does not verify any
information posted to the Service by users or others or guarantee the
proper use of such information by any party. OrgCalendar.com does not
review or assume any responsibility for the content of private e-mail
messages sent between members. We do not ensure that these messages may
not contain material that could be offensive to some. OrgCalendar.com
does not monitor or resolve disputes between Service users.
OrgCalendar.com does not ensure secure transmissions over the Internet.
You should not post your or any other person's telephone numbers, street
addresses, last names, or e-mail addresses in your profile, comments,
photo descriptions, or elsewhere. Reminder: The people you meet in
OrgCalendar.com are strangers. You are responsible for guarding your
personal information. If you decide to meet anyone in-person, please use
good judgment and common sense. OrgCalendar.com suggests that you
always plan to meet in a public place and, if possible, in a group
setting.
14. OrgCalendar.com reserves the right to review, edit,
move, or delete any photos, comments, descriptions, or messages placed
in its message board, in its sole discretion. OrgCalendar.com does not
ensure that offensive material will be removed from the Service.
15.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT
USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS
AVAILABLE" BASIS. OrgCalendar.com EXPRESSLY DISCLAIMS 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. OrgCalendar.com MAKES NO WARRANTY THAT THE SERVICE
WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES OrgCalendar.com MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
FROM THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR
MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE
AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
OrgCalendar.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY. USER
AGREES THAT NEITHER OrgCalendar.com NOR ANY OF ITS PROVIDERS OF
INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR
ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF OrgCalendar.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. USER FURTHER AGREES THAT OrgCalendar.com SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF
SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT OrgCalendar.com
SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
17. In sum, in no
event shall OrgCalendar.com's total liability to YOU for all damages,
losses, and causes of action exceed the amount paid by YOU to
OrgCalendar.com, if any, that is related to the cause of action.
18.
YOU agree that this Agreement, for all purposes, shall be governed and
construed in accordance with the laws of the State of California
applicable to contracts to be wholly performed therein, and any action
based on or alleging a breach of this Agreement must be brought in a
state or federal court in California. In addition, you agree to submit
to the personal jurisdiction and venue of such courts.
19. YOU
give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all copyright
and publicity rights, in any existing or future media, known or unknown,
over the material, photographs or User Data displayed in YOUR listings.
For the purpose of this Agreement, "User Data" shall mean all
information (if any) submitted by YOU, (the "User") to OrgCalendar.com
with the exception of trading data, credit card numbers, checking
account numbers, etc. "Individually Identifiable User Data" shall mean
that subset of "User Data" which can be reasonably used to identify a
specific individual such as their name, address, phone number, etc. The
User Data shall be deemed to be the property of OrgCalendar.com. YOU
shall take all reasonable efforts to ensure that it is accurate and
complete and not misleading in any way.
20. No Resale or
Unauthorized Commercial Use. YOU agree not to resell or assign YOUR
rights or obligations under these Terms of Participation. YOU also agree
not to make any unauthorized commercial use of the Service.
21.
Others' Information. YOU agree not to make use of anyone else's
Information other than as necessary to complete any OrgCalendar.com
transactions in which YOU are involved.
22. No Agency. There is
no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between OrgCalendar.com and any User
of the Service.
23. Notice. Any notice to YOU or to us shall be
made by either email or regular mail. We may also give notice of changes
to these Terms of Participation or other matters related to
OrgCalendar.com by displaying notices to Users on the Service.
24.
This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject matter. This
Agreement may only be modified, or any rights under it waived, by a
written document executed by both parties.
25. These Terms of
Participation and the relationship between User and OrgCalendar.com
shall be governed by the laws of the State of California without regard
to its conflict of law provisions. User and OrgCalendar.com agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara County.
26. The failure of
OrgCalendar.com to exercise or enforce any right or provision of these
Terms of Participation shall not constitute a waiver of such right or
provision. If any provision of these Terms of Participation is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
these Terms of Participation shall remain in full force and effect.
27.
User agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service
or the these Terms of Participation must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
28. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
29.
REFUND POLICY
You agree to pay all software license fees and no rights are granted under this Agreement until all payments are made in full. Any claims for adjustments must be made to OrgCalendar Software within five (5) days of billing. You shall be liable for all past due amounts, interest and costs of collection, including attorneys’ fees. Refunds are governed by the terms of the individual service used. Please see the section below for terms applicable to refunds in the event of cancellation.
OrgCalendar.com users decide what content to make
available to others. Users are responsible for complying with all
applicable federal and state laws applicable to such content, including
copyright laws.
OrgCalendar.com respects copyright law and
expects our users to do the same. Unauthorized copying, distribution,
modification, public display, or public performance of copyrighted works
is an infringement of the copyright holders' rights. YOU should be
aware that some image files may have been created or distributed without
copyright owner authorization. As a condition to YOUR use of the
OrgCalendar.com system, YOU agree that YOU will not use the
OrgCalendar.com service to infringe the intellectual property rights of
others in any way.
In accordance with the Digital Millennium
Copyright Act of 1998 (the text of which may be found on the U.S.
Copyright Office web site at http://lcweb.loc.gov/copyright/),
OrgCalendar.com will respond expeditiously to claims of copyright
infringement committed using the OrgCalendar.com service. If YOU are a
copyright owner, or authorized to act on behalf of an owner of the
copyright or of any exclusive right under the copyright, please report
YOUR notice of infringement by contacting OrgCalendar.com