By correctly completing and indicating your agreement in the registration process, you enter into the Agreement. This Agreement is effective upon registration, and governs your use of the Service and the Site.
If you are an individual entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to enter into this Agreement, or you do not have the legal capacity to enter into this Agreement, you may not enter into the Agreement or use the Service.
ACCEPTANCE OF TERMS
Welcome to the CHEC-CESC Site. Everyone who uses the Service - even on a trial basis - is subject to this Agreement. This Agreement is between you and CHEC-CESC. You may not change, supplement or amend this Agreement in any manner. You must be at least 18 years old to use the Service. If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. It is your sole responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws in using the Service.
CHEC-CESC may unilaterally amend or supplement this Agreement from time to time on notice as permitted in the manner described in this Agreement, and your continued use of the Service shall constitute your acceptance of such amendments. If required by law, CHEC-CESC will notify you at the email address you provide to us on registration and give you prior notice of such amendments and the opportunity to terminate this Agreement if you do not agree with such amendments.
DESCRIPTION OF SERVICE
The Service consists of the provision by CHEC-CESC to you of access to the CHEC-CESC Site, which provides tools to you that will enable you to view online content (in the form of text, images, video/audio, animation), post online learning objects and other resources, create online communities pertaining to specific topics, connect with other members, participate in online discussions, create content (comprised of text, images, video/audio, animation), and access resources and services offered by parties other than CHEC-CESC (“Third Parties”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service.
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to CHEC-CESC, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or CHEC-CESC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CHEC-CESC has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You agree to immediately notify CHEC-CESC of any unauthorized uses of the account or any other breaches of security. CHEC-CESC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
All user names and passwords remain the property of CHEC-CESC and may be cancelled, changed or suspended at any time by CHEC-CESC without notice. CHEC-CESC is not under any obligation to verify the actual identity or authority of the user of any user name or password.
OWNERSHIP OF SITE CONTENT AND LIMITED LICENSE
1. All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the property of CHEC-CESC, its users or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CHEC-CESC’s prior written permission, except that (i) the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site, and (ii) any Site Content provided by Third Parties for license through the Site (“Third Party Content”) is subject to the terms and conditions established by those Third Parties, as described on the Site (“Third Party License Terms”).
3. Your rights to use Third Party Content are as described in the applicable Third Party License Terms.
LOGO & GRAPHICS
CHEC-CESC, AFMC and other CHEC-CESC or AFMC graphics, logos, designs, page headers, button icons, scripts and service names are the intellectual property of AFMC. Graphics and logo, trademarks and trade dress used by Third Parties in association with license of their resources or services on the Site are the property of the respective owner.
Such intellectual property may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users of the Service or the Site, including Third Party Content (collectively the “User Content”). You may not post, transmit, or share on the Site or Service User Content that you did not create or that you do not have permission to post. You understand and agree that CHEC-CESC may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of CHEC-CESC, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. Under no circumstances will CHEC-CESC be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service.
You agree that you will not:
1. upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm others in any way in your use of the Service;
3. impersonate any person or entity, including, but not limited to, a CHEC-CESC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
5. upload, post or otherwise transmit any User 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);
6. upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
7. upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
8. 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;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. “stalk” or otherwise harass another;
12. 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;
13. offer for sale, sell or otherwise make available through the Service any User Content (i) that violates any federal, provincial, foreign or local law or regulation, (ii) for which you do not have full power and authority to distribute, including all necessary licenses and authorizations, or (iii) that CHEC-CESC determines, in its sole discretion, is inappropriate for distribution through the Service; or
14. exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons.
You understand that by using the Service, you may be exposed to Site Content that you consider to be offensive, indecent or objectionable. You acknowledge that CHEC-CESC does not pre-screen User Content. You agree that you must evaluate, and bear all risks associated with, the use of any Site Content, including any reliance on the accuracy, completeness, or usefulness of Site Content.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to CHEC-CESC. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
LICENSE BY YOU OF CONTENT
All contributions by you to the Site are governed by the Contributors Agreement.
COMPLAINTS ABOUT USER CONTENT
TERM AND TERMINATION
1. This Agreement commences when created and continues until terminated by either CHEC-CESC or you. CHEC-CESC reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, provided that following termination of this Agreement for any reason, the obligations in this Agreement shall survive indefinitely in so far as you continue to use or access any User Content or other service or thing which you obtained from the Site or the Service. Termination of this Agreement does not terminate any agreement you enter into with a Third Party through the Site.
2. CHEC-CESC may terminate this Agreement and your account, delete your profile and any Site Content or information that you have posted on the Site or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
3. You may terminate this Agreement and your account by deleting your profile.
4. When your account is terminated by us or by you, certain resource types (e.g. shared bookmarks, reviews of Site Content, comments, group discussion content, etc.) will, by default, remain on the site. Any other User Content that you have posted on the Site shall either be removed or shall stay on the Site as you and we agree. The license to your User Content that you grant to us in this Agreement will survive in perpetuity with respect to any of your User Content that remains on the Site after termination of your account.
5. When we are notified that a user has died, we will generally, but are not obligated to, keep the user’s account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
6. Materials may be removed from CHEC without notice by the depositors or CHEC-CESC without notice and as such CHEC provides no guarantee of availability of any given resource. TECHNICAL SUPPORT Technical support for CHEC-CESC is only provided via email or other online means and is not provided in person or via phone. 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 in which you reside. LINKS & Software The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CHEC-CESC has no control over such sites and resources, you acknowledge and agree that CHEC-CESC 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 CHEC-CESC 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. CHEC-CESC does not provide a live hosting service for any third party software. Users should not expect to run materials on the Site.
INDEMNITY AND RELEASE
You agree to indemnify and hold harmless the CHEC-CESC Parties from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your User Content, your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the Site or the Service. You agree to release the CHEC-CESC Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third Party providing goods and services through the Service.
MODIFICATIONS TO SERVICE
CHEC-CESC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that CHEC-CESC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1. CHEC-CESC is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by CHEC-CESC, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. CHEC-CESC is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
2. CHEC-CESC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. CHEC-CESC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
3. Under no circumstances will CHEC-CESC be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post User Content, including Third Party Content, on the Site at your own risk.
4. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. CHEC-CESC 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, performance and non-infringement, or of availability or results. CHEC-CESC does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
5. Any Site Content 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.
6. No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement.
7. CHEC-CESC reserves the right to change any and all Site Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice.
8. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CHEC-CESC.
LIMITATION OF LIABILITY
In no event will the CHEC-CESC Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the CHEC-CESC Parties are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the CHEC-CESC Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CHEC-CESC for the Service during the term of your membership, but in no case will such liability to you exceed $1000. You acknowledge that if no fees are paid to CHEC-CESC for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the CHEC-CESC Parties, regardless of the cause of action.
Please report any violations of the Agreement to firstname.lastname@example.org.
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