BY UTILIZING THE SERVICES OFFERED BY peggysweeneymcdonald.com (“Company”) YOU ARE AGREEING TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS:
1. MEMBER AND NON-MEMBER USE.
This Agreement applies to all website visitors, with certain provisions which can only apply to website visitors who exercise their option to register as members. All services, features and functions of the Company website are included in the term “Services.”
2. MEMBER ACCOUNT RESPONSIBILITY.
Upon acceptance as a Company member you will have access to your account information and be able to administer your account through a password protected interface. You are responsible for maintaining the confidentially of your account and your password. You are responsible for all activity that occurs via your account. If you have reason to believe that your account security has been breached it is your responsibility to notify us in a timely manner so that we can take the appropriate action on the account. FOR EXAMPLE, A MEMBER WILL BE HELD FULLY RESPONSIBLE FOR ANY COPYRIGHT VIOLATIONS OR OTHER VIOLATIONS THAT OCCUR IN CONNECTION WITH THEIR ACCOUNT REGARDLESS WHETHER THE MEMBER PERSONALLY TOOK THE VIOLATING ACTION OR NON-ACTION.
3. YOUR REGISTRATION OBLIGATIONS.
In consideration of 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.
4. COMPANY DISCRETION.
Most or all of the Services are free and/or began as free. Company has the right to revise, suspend or terminate its services at any time without notice, reason or justification. Company has the right to suspend, edit, supplement or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Company is entitled to present comments, ranking, statistics and other comparisons and subjective data and judgments about any and all Content and related matters at its sole discretion, free of responsibility or requirement for accuracy or truthfulness by any particular standard. Company is entitled to do so with its sole subjective discretion without criticism or challenge by others, as long as such statements, actions or inactions are not illegal. Company will not be responsible for any claims, losses, damages or other consequences of any function, malfunction, modification, suspension, termination or anything else in connection with the website or its Services.
5. MEMBER/VISITOR CONDUCT
As a condition of your continued use of our Services you agree not to use this Service for any unlawful purposes or for any purposes specifically outlined in this document as being outside the scope of our terms and conditions as defined in this document. In addition, you understand that all information posted to Company (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Author, and not Company, is entirely responsible for all Content uploaded, posted or otherwise transmitted via the Service. Company 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. This Service is provided for the personal use of our Members and website visitors. By using this Service you agree that you and your visitors will not without the express written consent of Company or the original author:
* Add to any online collection, webpage or display in any way other than via the Company pages stored on our servers, the files and any text describing the said files (The “Site Content”).
* Redistribute the Site Content via email, CD or any other media form for profit, or otherwise.
* Repackage and/or distribute the Site Content in any form without advance written permission from Company.
* Remove or download the files from our servers for any use other than personal use.
* Not to be alter, tamper with, strip or redistributed either singly, in part or in whole any of the Content.
* Interfere with or manipulate the proper working of the Services.
* Circumvent our security measures or tamper with, hack into, or otherwise enter any of our database, programs, equipment or Service systems.
In addition to the above, you further agree not to use the service to:
* Upload, post or otherwise transmit any Content that is A VIOLATION OF COPYRIGHT OR INTELLECTUAL PROPERTY LAW, 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, a Company official, forum leader, guide or host, 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 or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
* 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 any patent, trademark, trade secret, copyright or other proprietary rights of any party.
* Upload, post or otherwise transmit 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.
* Upload, post or otherwise transmit 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.
* Interfere with or disrupt the Service or servers or networks or advertisers connected to the Service, or disobey any requirements, procedures, policies or regulations of networks or advertisers connected to the Service.
* Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.
* “stalk” or otherwise harass another.
* 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. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites.
6. 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 music or technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED COMPANY
Company does not claim ownership of the Content placed on our servers. By submitting Content to Company you grant Company 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 the Content on Company’s websites and the websites of our Affiliates
Company has no obligation to monitor the Company Site. However, you agree that Company has the right to monitor the Company Site and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Company Site properly, or to protect itself or its members. Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders, advertisers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Company may establish general practices and concerning use of the Service, including without limitation the maximum number of days that any uploaded Content will be retained by the Service. You agree that Company has no responsibility or liability for the deletion or failure to store any files, messages and other communications or other Content maintained or transmitted by the Service. Company does not guarantee Content will be complete and accurate. Once Company has put content onto the Service we will not normally try to keep it up to date. You acknowledge that Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
When we make available guidelines or instructions for carrying out activities you must not rely on them as stating best, recommended or safe practice. Before you engage in such an activity you should consult an appropriately qualified independent adviser. You must rely on your own safeguards, such as virus checking software, firewall software and using usernames and passwords and keeping them secret.
11. MODIFICATIONS TO SERVICE
Company 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 Company shall not be liable to you or to any third party for any modification, suspension, malfunction, slowdown or discontinuance of the Service.
You agree that Company, in its sole discretion, may terminate your password, use of the Service or use of any other Company service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the website purpose or Terms and Conditions. Company 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 Agreement may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete all related Site Content and/or bar any further access to such Content or the Service. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
Company may run advertisements and promotions on Company pages. By creating your Member account, you agree that Company has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Company on these pages is subject to change. Your personal 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 Company 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 or as a result of this Service being unavailable specifically to you or as a result of this service being unavailable as a whole for any reason whatsoever.
14. EXTERNAL LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. COMPANY PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary coding used in connection with the Service may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers or members is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. FOR EXAMPLE, banners and other advertisements are the property of the third party provider, and music files and avatar images are presumably property of their members. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its coding, in whole or in part.
16. DISCLAIMER OF WARRANTIES
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. COMPANY 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.
* ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
* COMPANY MAKES NO WARRANTY THAT:
1. THE SERVICE WILL MEET YOUR REQUIREMENTS.
2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
5. ANY ERRORS IN THE SERVICE OR DATABASE WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
* THE USE OR THE INABILITY TO USE THE SERVICE.
* 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.
* UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
* STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
* ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service (including advertisers) concerning companies, stock quotes, investments or securities, please read the above Sections again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Company shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
In the unlikely event that we are found to be liable to you for any reason whatsoever, our liability will be limited to the lesser of $US 20.00 or what you have paid to use the Services (which will probably be zero). In view of the fact that we provide Services, in part or whole, free of charge, you agree that this limit is reasonable.
Notices to you may be made via either email or other information you have provided or can be found by Company. The Service may also provide notices of changes to the Terms and Conditions or other matters (although not required to) by displaying notices or links to notices to you generally on the Service.
Company respects the intellectual property of others, and we ask our users to do the same. All content submitted to Company must be original content designed and developed by the author submitting the file. If the author is not the owner of the intellectual property rights for any of the material used in a file, permission to use the material must have been obtained from the owner of the intellectual property rights in advance of posting the file to Company. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others. Company shall not be required to adjudicate, use due process or assess the truthfulness or accuracy of any claim or suspicion that you are violating copyright or other intellectual property or other laws or regulations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email us immediately or contact us by any methods via our Contact Us link stating the following information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
* A description of the copyrighted work that you claim has been infringed.
* A description of where the material that you claim is infringing is located on the site (Including the specific URL that would allow to investigate the material).
* Your address, telephone number, and email address.
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
19. MODIFICATION OF TERMS AND CONDITIONS
Company reserves the right at any time and from time to time to modify, supplement or otherwise change this Agreement (or any part thereof) with or without notice. It is your responsibility to re-visit the Terms & Conditions when you return to the Website or otherwise, and be aware of any updates. Your continued use of the Website, whether by visiting this Website again or by leaving your account information or files in your account, is further confirmation of your agreement to future changes by Company to this Agreement.
20. GENERAL INFORMATION
This Agreement (Terms and Conditions) constitute the entire agreement between you and Company and govern your use of the Service, superceding any prior agreements between you and Company (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Company services, third-party content or third-party software. The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
The Agreement and the relationship between you and Company shall be governed by the laws of the State of California (or Company’s choice of the current state where Company is located) without regard to its conflict of law provisions. If any provision of the Agreement 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 the Agreement remain in full force and effect. You agree 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect. Some words and phrases in these terms and conditions might have a technical or legal meaning.
Thank you for your cooperation.