TERMS OF SERVICE (TOS)
- ACCEPTANCE OF TERMS
Welcome to VermontCivilUnion.com!. VermontCivilUnion.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: VermontCivilUnion.com/tos.
This Service is provided to only individuals who are at least 18 years old. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN
ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE
SERVICE ("TOS").
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the
release of new VermontCivilUnion.com properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that VermontCivilUnion.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization settings. The Service is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
- USER ACCOUNT, PASSWORD, AND SECURITY
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or VermontCivilUnion.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, VermontCivilUnion.com has the right to
suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your account. You agree to notify VermontCivilUnion.com
immediately of any unauthorized use of your account or any other breach of security.
- USER PRIVACY
It is VermontCivilUnion.com's policy to respect the privacy of its members. VermontCivilUnion.com will not monitor,
edit, or disclose any personal information about you or your use of the Service, including its contents, without your
prior permission unless VermontCivilUnion.com has a good faith belief that such action is necessary to: (1) conform to
legal requirements or comply with legal process; (2) protect and defend the rights or property of
VermontCivilUnion.com; (3) enforce the TOS; or (4) act to protect the interests of its members or others.
VermontCivilUnion.com does provide certain user information in aggregate form to third parties, including its
advertisers, for demographics.
For more information, see the complete Privacy Statement of VermontCivilUnion.com at
VermontCivilUnion.com/privacy.
You agree that VermontCivilUnion.com may access your account, including its contents, as stated above or to
respond to service or technical issues.
- USER CONDUCT
As a condition of your use of the Service, you warrant to VermontCivilUnion.com that you will not use the Service for
any purpose that is unlawful or gives rise to civil liability or is prohibited by these terms, conditions, and notices.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not VermontCivilUnion.com, are entirely responsible for
all Content that you upload, post, email or otherwise transmit via the Service. VermontCivilUnion.com does not control
the Content posted via the Service 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 VermontCivilUnion.com be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to abide by all applicable local, state, national and international laws and regulations.
You agree that you will not use the Service to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or objectionable on the
grounds of race, ethnicity, sexual orientation or otherwise.
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful material or information.
- Upload, post or otherwise transmit any Content that you do not have a right to transmit 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 or otherwise transmit any Content that infringes on any patent, trademark, trade secret, copyright
or other proprietary rights of any party.
- Upload, post or otherwise transit any unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service
that are designated for such purpose.
- Harm minors in any way.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a
message.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service or develop restricted or password-only access pages, or hidden pages or images (those
not linked to from another accessible page).
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service
member any directory of the Service members or other user or usage information or any portion thereof other
than in the context of your use of the Service as permitted under the TOS.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any
other harmful or deleterious programs.
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any
group or individual or promote any act of cruelty to animals.
- Use your home page (or directory) as storage for remote loading or as a door or signpost to another home page,
whether inside or beyond VermontCivilUnion.com.
- Engage in commercial activities in the Free Personal Web Site section of the Service. This includes, but is not
limited to, the following activities:
- Offering for sale any products or services;
- Soliciting for advertisers or sponsors;
- Conducting raffles or contests that require any type of entry fee;
- Displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services;
- Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks
to their web sites.
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of
such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of
technical data or software exported from the United States through the service.
- Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and
enjoyment of similar services.
VermontCivilUnion.com has no obligation to monitor the Service or any user's use thereof or retain the content of any
user session. However, VermontCivilUnion.com reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental
request.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that VermontCivilUnion.com may establish general practices and limits concerning use of the
Service. Currently, each VermontCivilUnion.com address allows particular individuals to have 20MB of disk
space for his or her files.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
- LINKS TO THIRD PARTY SITES
The links included within the Service may let you leave the Service web sites ("Linked Sites"). The Linked Sites are not
under the control of VermontCivilUnion.com and VermontCivilUnion.com is not responsible for the contents of any
Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. VermontCivilUnion.com is
not responsible for any form of transmission received from any Linked Site. VermontCivilUnion.com is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement by
VermontCivilUnion.com of the Site or any association with their operators.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser. You agree that
VermontCivilUnion.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers on the Service.
- DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. VermontCivilUnion.com and/or its respective suppliers
may make improvements and/or changes in the Service at any time.
VermontCivilUnion.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects
will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful
components. VermontCivilUnion.com does not warrant or represent that the use or the results of the use of the Service
or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that VermontCivilUnion.com shall not be responsible for unauthorized access to or alteration of
your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered
into through the Service. You specifically agree that VermontCivilUnion.com is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. You specifically agree that VermontCivilUnion.com is not
responsible for any content sent using and/or included in the Service by any third party.
VERMONTCIVILUNION.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY
PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
VERMONTCIVILUNION.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL VERMONTCIVILUNION.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH
THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF VERMONTCIVILUNION.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
- INDEMNIFICATION
You agree to indemnify and hold VermontCivilUnion.com, its parent, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of or conduct on the Service.
- TERMINATION
You agree that VermontCivilUnion.com, in its sole discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if VermontCivilUnion.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. VermontCivilUnion.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that
VermontCivilUnion.com may immediately deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you agree that VermontCivilUnion.com
shall not be liable to you or any third-party for any termination of your access to the Service.
If you wish to terminate your account, your only recourse is to discontinue the use of the Service.
VermontCivilUnion.com shall have no obligation to maintain any content in your account or to forward any unread or
unsent messages to you or any third party.
- NO SPAM; DAMAGES
VermontCivilUnion.com will immediately terminate any account which it believes, in its sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay VermontCivilUnion.com
liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected
with your account, otherwise you agree to pay VermontCivilUnion.com's actual damages, to the extent such actual
damages can be reasonably calculated.
- CONTENT SUBMITTED TO VERMONTCIVILUNION.COM
VermontCivilUnion.com does not claim ownership of the Content you place on your VermontCivilUnion.com Site.
By
submitting Content to VermontCivilUnion.com for inclusion on your VermontCivilUnion.com Site, you grant
VermontCivilUnion.com the
world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the
Content solely for the purpose of displaying, distributing and promoting your VermontCivilUnion.com Site on
VermontCivilUnion.com's Internet properties. This license exists only for as long as you continue to be a
VermontCivilUnion.com customer or user and shall be terminated at the time your VermontCivilUnion.com Site is terminated.
You acknowledge that VermontCivilUnion.com does not pre-screen Content, but that VermontCivilUnion.com and
its designees shall
have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is
available via the Service. Without limiting the foregoing, VermontCivilUnion.com and its designees shall have the
right to
remove any Content that violates the TOS 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.
- PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or
electronically distributed, commercially produced information presented to you by the Service, by
VermontCivilUnion.com, or VermontCivilUnion.com's Advertisers or other content providers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your
personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may
not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the
Service and its associated Web sites, including code and software.
- MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
VermontCivilUnion.com reserves the right to change
the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the
TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any
such changes shall constitute your consent to such changes.
- GENERAL
This agreement is governed by the laws of the State of Arkansas, and the United States of America. Use of
the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and VermontCivilUnion.com as a result of this agreement or use of the Service.
VermontCivilUnion.com's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of VermontCivilUnion.com's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by
VermontCivilUnion.com with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and
VermontCivilUnion.com with respect to the Service (excluding the use of any software which may be subject to an
end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and VermontCivilUnion.com with respect to the Service. A printed version
of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You and VermontCivilUnion.com agree
that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of
action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for
the convenience of the parties and have no legal or contractual significance.
- VIOLATIONS
Please report violations of this TOS to abuse@VermontCivilUnion.com. |
