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Please read the following terms and conditions carefully, as
they form the agreement between us. If you do not agree to
these terms and conditions, you may not use the service and
should not proceed to register. By using the Service after
May 5th, 2004 you are agreeing to be bound by this
Agreement, including all amendments made to date.
USER AGREEMENT
This Agreement constitutes your agreement with Tenafly
Educational Foundation with respect to your use of the
Service. You must agree to abide by all of the terms and
conditions contained in this Agreement in order to become or
remain an authorized user of the Service. As used in this
Agreement, "we" and "us" means Tenafly Educational
Foundation or any successor or assign of Tenafly
Educational Foundation.
RIGHT TO USE
Your right to use the Service is subject to any limitations,
conditions and restrictions established by us from time to
time, in our sole discretion. We may alter, suspend or
discontinue any aspect of the Service at any time, including
the availability of any Service feature, database or
content. We may also impose limits on certain features and
aspects of the Service or restrict your access to parts or
all of the Service without notice or liability.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public
postings and messages to ensure that they conform to the
content guidelines which may be applicable from time to
time.
REMOVAL OF INFORMATION
While we do not and cannot review every message or other
material posted or sent by users of the Service, and are not
responsible for any content of these messages or materials,
we reserve the right, but are not obligated, to delete,
move, or edit messages or materials, including without
limitation profiles, public postings and messages, that we,
in our sole discretion, deem to violate the Code of Conduct
set out above or any applicable content guidelines, or to be
otherwise unacceptable. You shall remain solely responsible
for the content of profiles, public postings, messages and
other materials you may upload to the Service or users of
the Service.
CONTENTS AND USER SUBMISSIONS
a. The contents of this website are intended for the
personal, noncommercial use of its Users. All materials on
this website (including, but not limited to, news articles,
photographs, images, illustrations, audio and video clips,
also known as "The Content") are protected by copyright and
other intellectual property laws, and are owned or
controlled by the party credited as the provider of the
content, software, or other materials. Users shall abide by
all additional copyright or other notices, information, or
restrictions appearing in conjunction with any Content
accessed through the Service.
b.
The website is
protected by copyright as a collective work and/or
compilation pursuant to U.S. copyright laws, international
conventions, and other copyright laws. Users may not modify,
adapt, translate, exhibit, publish, transmit, participate in
the transfer or sale of, reproduce (except as provided in
this section of the terms of Service), create derivative
works from, distribute, perform, display, reverse engineer,
decompile or dissemble, or in any way exploit, any of the
content, software, materials or Service in whole or in part.
c. Users may download or copy the Content and other
downloadable items displayed on this Service for personal,
noncommercial use only, provided that User maintains all
copyright and other notices contained in such Content.
Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior
written permission from the website or the copyright holder
identified in the individual Content's proprietary notices
including copyright notice.
FORUMS AND DISCUSSIONS
a. User shall not upload to, distribute, or otherwise
publish through the website, any Content which is libelous,
defamatory, obscene, profane, abusive or otherwise violates
any law. Please use your best judgment, and be respectful of
other individuals using the bulletin boards. Do not use
vulgar, abusive, or hateful language. Bulletin boards within
the website are provided to give our users an interesting
and stimulating forum in which they may express their
opinions and share their ideas. Neither the website, nor the
management, endorses the opinions placed on these bulletin
boards. User acknowledges that any submissions may be
edited, removed, modified, published, transmitted and/or
displayed. In addition, User warrants that all moral rights
in any upload materials have been waived.
b. The Forums shall be used only in a noncommercial
manner. User shall not, without express approval from the
webmaster, distribute or otherwise publish any material
containing any solicitation of funds, advertising or
solicitation for goods or services, or to promote websites
or online services which are competitive with the website.
c. The website welcomes input from its users.
However, by submitting an idea, suggestion, or
recommendation, the User waives all right to the idea as
intellectual property, and consents to the website utilizing
that idea, suggestion, or recommendation without attribution
or compensation.
d. While Tenafly
Educational Foundation does not and cannot review every
message posted by Users in the Forums and is not responsible
for any content of these messages, Tenafly Educational
Foundation reserves the right to delete, move or edit
messages that it, in its sole discretion, deems are in
violation of the law (including trademark and copyright
law), or this User Agreement, or are abusive, defamatory,
obscene, or otherwise unacceptable. Users shall remain
solely responsible for the content of their messages.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your
access to all or part of the Service at any time, with or
without notice, for any reason, including, without
limitation, breach of this Agreement. Without limiting the
generality of the foregoing, any fraudulent, abusive, or
otherwise illegal activity, or that may otherwise affect the
enjoyment of the Service or the Internet by others may be
grounds for termination of your access to all or part of the
Service at our sole discretion, and you may be referred to
appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains
information which is proprietary to us, our partners, and
our users. We assert full copyright protection in the
Service. Information posted by us, our partners or users of
the Service may be protected whether or not it is identified
as proprietary to us or to them. You agree not to modify,
copy or distribute any such information in any manner
whatsoever without having first received the express
permission of the owner of such information. For additional
information, please refer to our Legal Section.
EXTERNAL LINKS
The Service may from time to time contain links to other
Internet sites and resources ("External Links"). You
acknowledge that we are not responsible for, and have no
liability as a result of, the availability of External Links
or their contents. We suggest that you review the terms of
use and privacy statement of such External Links prior to
use of them.
INDEMNITY
You agree to indemnify us, our officers, directors,
employees and agents, from any loss or damages, including
without limitation reasonable legal fees, which we may
suffer from your activities on or use of the Service,
including without limitation any breach by you of this
Agreement or any charges or complaints made by other parties
against you. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you; provided,
however, that you shall remain liable for any such claim.
WARRANTIES
The Service is distributed on an "as is" basis. We do not
warrant that this Service will be uninterrupted or
error-free. There may be delays, omissions, and
interruptions in the availability of the Service. Where
permitted by law, you acknowledge that the Service is
provided without any warranties of any kind whatsoever
either express or implied, including but not limited to the
implied warranties of merchantability and fitness for a
particular purpose. You acknowledge that use of the Service
is at your own risk. We do not represent or endorse the
accuracy or reliability of any member profile, advice,
opinion, statement or other information displayed, uploaded
or distributed through the Service by Tenafly Educational
Foundation, our partners or any user of the Service or any
other person or entity. You acknowledge that any reliance
upon any such opinion, member profile, advice, statement or
information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information
displayed, uploaded or distributed through the Service by
Tenafly Educational Foundation or any user of the Service or
any other service. Your continued use of the Service now, or
following the posting of notice of any changes in this
Agreement, will constitute a binding acceptance by you of
this Agreement, or any subsequent modifications.
MODIFICATIONS
We may modify this Agreement from time to time. Notification
of changes in this Agreement will be posted on the Service
or sent via electronic mail, as we may determine in our sole
discretion. If you do not agree to any modifications, you
should terminate your use of the Service. Your continued use
of the Service now, or following the posting of notice of
any changes in this Agreement, will constitute a binding
acceptance by you of this Agreement, or any subsequent
modifications.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the
purpose of informing you of changes or additions to the
Service, or of any Tenafly Educational Foundation related
products and services. We reserve the right to disclose
information about your usage of the Service and demographics
in forms that do not reveal your personal identity.
And by your use of the Service, you consent to such
disclosures and communications subject to the terms of our
Privacy Statement.
GOVERNING LAW
This Agreement is entered into in the
State of New Jersey, of the United States of America. You
agree that it will be governed by the laws of the State of
New Jersey and any disputes arising out of this Agreement
will be subject to the courts of the State of New Jersey and
the federal courts applicable within the State. If any
provision in this Agreement is invalid or unenforceable
under applicable law, the remaining provisions will continue
in full force and effect.
ASSIGNMENT
You do not have the right
to assign this Agreement or any of your rights to the
Service to anyone. Tenafly Educational Foundation has the
right to assign any or all of its rights and duties under
this Agreement or to the Service to any third party. At the
election of Tenafly Educational Foundation, if Tenafly
Educational Foundation obligations hereunder are assumed by
a third party, Tenafly Educational Foundation shall be
relieved of any and all liability under this Agreement.
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