TERMS
AND CONDITIONS OF USE
OF
NEBRASKA
PARANORMAL SOCIETY WEBSITE
1 ACCEPTANCE
OF TERMS
1.1 Your
access to and use of the Nebraska Paranormal Society website ("the
Website") and any Services referred to in Clause 2, is subject
exclusively to these Terms and Conditions. You will not use the
Website/Services for any purpose that is unlawful or prohibited by
these Terms and Conditions. By using the Website/Services you are
fully accepting the terms, conditions and disclaimers contained in
this notice. If you do not accept these Terms and Conditions you
must immediately stop using the Website/Services.
1.2 We
reserve the right to update or amend these Terms and Conditions at
any time and your continued use of the Website/Services following any
changes shall be deemed to be your acceptance of such change. It is
therefore your responsibility to check the Terms and Conditions
regularly for any changes.
2 THE
SERVICES
The
Website may provide communication tools such as email, bulletin
boards, chat areas, news groups, forums and/or other message or
communication facilities ("the Services") designed to
enable you to communicate with others. Unless stated otherwise the
Services are for your personal and non-commercial use only.
3 CHILD
SUPERVISION
We
are concerned about the safety and privacy of our users, particularly
children. Parents who wish to allow their children access to and use
of the Website/Services should supervise such access and use. By
allowing your child access to the Services you are allowing your
child access to all of the Services, including email, bulletin
boards, chat areas, news groups, forums and/or other message or
communication facilities. It is therefore your responsibility to
determine which Services are appropriate for your child. Always use
caution when revealing personally identifiable information about
yourself or your children via any of the Services.
4 PRIVACY
POLICY
4.1 We
are committed to responsible data management and subscribe to the
principals of the data protection legislation in the United States of
America. We are committed to maintaining the privacy of our users
and maintaining the security of any personal information received
from you. If you register for any of the Services you will be asked
to provide basic personal information. The information provided by
you is not available for sale or use by third parties. The
information is used solely for notifying you of changes or updates to
the Website/Services.
4.2 The
Website sends a "cookie" to your computer that
contains an identification number that is unique to the computer you
are using. We use this cookie to provide you with a continuous
experience, and for us to record how our service is being used. As
is done with most web sites, we log each visit to each web page. A
log entry can contain information typically found in the "header"
of your web browser's request such as the browser type you used, your
Internet Protocol address, and the date and time of day. We may also
log your cookie's Identification number and the URL of the last site
you visited. This log information is important for security, audit,
quality improvement, as well as for monitoring the health of our
service. You can set your browser to prevent this
happening. Any information collected in this way can be used to
identify you unless you change your browser settings.
5 USER
ACCOUNT, PASSWORD AND SECURITY
If
a particular Service requires you to open an account you will be
required to complete the registration process by providing certain
information and registering a username and password for use with that
Service. You are responsible for maintaining the confidentiality of
the username and password and also for all activities which take
place under your account. You agree to immediately notify us of any
unauthorised use of your password or account or any other breach of
security. In no event will Nebraska Paranormal Society be liable for
any indirect or consequential loss or damage whatsoever resulting
from the disclosure of your username and/or password. You may not
use another person’s account at any time, without the express
permission of the account holder.
6 ACCEPTABLE
USE
6.1 You
acknowledge that all information, text, graphics, logos, photographs,
images, moving images, sound, illustrations and other materials ("the
Content"), whether posted publicly or transmitted privately, are
the sole responsibility of the person from whom such Content
originated. We do not control or endorse the Content and cannot
guarantee the accuracy, integrity or quality of such Content and you
acknowledge that by using the Services you may be exposed to Content
that is offensive and/or indecent. Nebraska Paranormal Society will
not be liable in any way for any Content or for any loss or damage of
any kind resulting from the use of any Content transmitted via the
Services and you agree to bear all risks associated with the use of
any Content, including any reliance on the accuracy or completeness
of such Content.
6.2 In
using the Website/Services you agree not to:
6.2.1 use
the Services to send junk email, spam, chain letters, pyramid schemes
or any other unsolicited messages, commercial or otherwise;
6.2.2 post,
publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive,
harassing or unlawful;
6.2.3 post,
publish, distribute or disseminate material or information that
incites discrimination, hate or violence towards any person or group
on account of their race, religion, disability, nationality or
otherwise;
6.2.4 threaten,
abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
6.2.5 use
any information or material in any manner that infringes any
copyright, trademark, patent or other proprietary right of any party;
6.2.6 make
available or upload files that contain a virus, worm, trojan or
corrupt data that may damage the operation of the computer or
property of another;
6.2.7 collect
or store personal information about others, including email
addresses;
6.2.8 advertise
or offer to buy or sell goods or services for any commercial purpose,
unless such communication facility specifically allows such messages;
6.2.9 impersonate
any person or entity for the purpose of misleading others;
6.2.10 violate
any applicable laws or regulations;
6.2.11 use
the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other
party’s use and enjoyment of the Website/Services;
6.2.12 post,
publish, distribute or disseminate material or information that you
do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information or confidential
information disclosed in the course of employment or under a
confidentiality agreement);
6.2.13 attempt
to gain unauthorised access to any of the Services, other accounts,
computer systems or networks connected to the Website/Services
through hacking, password mining or any other means.
6.3 We
have no obligation to monitor the Services but shall be entitled to
review materials posted to a communications facility and, at our sole
discretion, to remove any material that breaches these Terms and
Conditions or is otherwise objectionable.
7 TERMINATION
We
have the right to terminate your access to any or all of the Services
at any time, without notice, for any reason, including without
limitation, breach of these Terms and Conditions. We may also at any
time, at our sole discretion, discontinue the Website/Services or any
part thereof without prior notice and you agree that we shall not be
liable to you or any third party for any termination of your access
to the Website/Services.
8
LINKS TO THIRD PARTY WEBSITES
The
Website/Services may include links to third party websites that are
controlled and maintained by others. Any link to other websites is
not an endorsement of such websites and you acknowledge and agree
that Nebraska Paranormal Society is not responsible for the content
or availability of any such sites.
9 INTERNATIONAL
USE
You
agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States of America or the
country in which you reside (if different) and with all local laws
and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL
PROPERTY RIGHTS
10.1 The
Website and its content (including without limitation the Website
design, text, graphics and all software and source codes connected
with the Website and the Services) are protected by copyright, trade
marks, patents and other intellectual property rights and laws. In
accessing the Website you agree that you will access the contents
solely for your personal, non-commercial use. None of the content
may be downloaded, copied, reproduced, transmitted, stored, sold or
distributed without the prior written consent of the copyright
holder. This excludes the downloading, copying and/or printing of
pages of the Website for personal, non-commercial home use only.
10.2 Nebraska
Paranormal Society does not claim ownership of any materials you
post, upload or submit to any publicly accessible area of the
Services. However, by doing so you are granting us a world-wide,
royalty free, non-exclusive licence to copy, distribute, transmit,
reproduce, publicly display, edit, translate or publish such Content
for as long as you elect to display such Content via the Services.
The licence shall be terminated when such Content is deleted from the
Services.
10.3 As
Nebraska Paranormal Society asks others to respect its intellectual
property rights, it respects the intellectual property rights of
others. If you believe that material located on or linked to by
Nebraska Paranormal Society violates your copyright, you are
encouraged to notify Nebraska Paranormal Society. Nebraska
Paranormal Society will respond to all such notices, including as
required or appropriate by removing the infringing material or
disabling all links to the infringing material. In the case of a
visitor who may infringe or repeatedly infringes the copyrights or
other intellectual property rights of Nebraska Paranormal Society or
others, Nebraska Paranormal Society may, in its discretion, terminate
or deny access to and use of the Website.
10.4 This
Agreement does not transfer from Nebraska
Paranormal Society
to you any Nebraska
Paranormal Society
or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties)
solely with Nebraska
Paranormal Society.
Nebraska
Paranormal Society,
nebraskaghosts.org, the Nebraska
Paranormal Society
logo, and all other trademarks, service marks, graphics and logos
used in connection with nebraskaghosts.org, or the Website are
trademarks or registered trademarks of Nebraska
Paranormal Society
or Nebraska
Paranormal Society
licensors. Other trademarks, service marks, graphics and logos used
in connection with the Website may be the trademarks of other third
parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any Nebraska
Paranormal Society
or third-party trademarks.
11 INDEMNITY
You
agree to indemnify and hold Nebraska Paranormal Society, and its
agents and representatives, harmless from and against any breach by
you of these Terms and Conditions and any claim or demand brought
against Nebraska Paranormal Society by any third party arising out of
your use of the Services and/or any Content submitted, posted or
transmitted through the Services, including without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and expenses) howsoever
suffered or incurred by Nebraska Paranormal Society in consequence of
your breach of these Terms and Conditions.
12 DISCLAIMERS
AND LIMITATION OF LIABILITY
12.1 Use
of the Website/Services is at your own risk. The Website/Services
are provided on an "AS IS" and "AS AVAILABLE"
basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including but not
limited to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security
and accuracy.
12.2 To
the maximum extent permitted by applicable law, you hereby release,
and waive all claims against Nebraska Paranormal Society and its
representatives and agents from any and all liability for claims,
damages (actual and consequential), costs and expenses (including
litigation costs and attorneys' fees) of every kind and nature,
arising out of or in any way connected with use of the Service.
12.3 Nebraska
Paranormal Society makes no warranty that the Website/Services will
meet your requirements, that Content will be accurate or reliable,
that the functionality of the Website/Services will be uninterrupted
or error free, that defects will be corrected or that the
Website/Services or the server that makes them available are free of
viruses or anything else which may be harmful or destructive.
12.4 Nothing
in these Terms and Conditions shall affect your statutory rights as a
consumer.
13 SEVERANCE
If
any of these Terms and Conditions should be determined to be invalid,
illegal or unenforceable for any reason by any court of competent
jurisdiction then such Term or Condition shall be severed and the
remaining Terms and Conditions shall survive and remain in full force
and effect and continue to be binding and enforceable.
14 EXERCISE
The
failure of Nebraska Paranormal Society to exercise or enforce any
right or provision of these terms and conditions shall not
constitute a waiver of such right or provision.
15 GOVERNING
LAW
These
Terms and Conditions shall be governed by and construed in accordance
with the law of the State of Nebraska and the United States of
America, and you hereby submit to the exclusive jurisdiction of the
courts of the State of Nebraska and the United Sates of America.
16 ENTIRE
AGREEMNET
This
Agreement constitutes the entire agreement between Nebraska
Paranormal Society and you with respect to the subject matter
hereof.
This site is © Copyright Nebraska
Paranormal Society (except where noted), All
Rights Reserved
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