This agreement sets forth the terms and conditions which apply to the use by you of the services offered by the Odd Job Squad World Wide Web site (the "Service"), which is operated by Young Entrepreneurs Society, Inc. (the "Society"), including postings on the services directory and advertising sections (the "Interactive Areas").
Section 1. General
1.1 Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this "Agreement."
1.2 The Society reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the Society as permitted above. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service. The right to use the Service is personal to you and is not transferable to any other person or entity.
1.3 Use of this Service is void where prohibited. You represent and warrant that you are 14 years of age or older and that your use of the Service shall not violate any applicable law or regulation. Your postings and information may be deleted without warning if it is found that you are misrepresenting your age.
1.4 Your use of this Service is solely for your personal use, and you shall not authorize others to use your account, including your profile, email address and certain password-protected services. You are solely responsible for all Content published or displayed through your account, including any email messages, and your interactions with other members. If you register for access to certain password-protected services on the Service, you shall be responsible for protecting the confidentiality of your user name and password.
Section 2. Use of Content
2.1 You acknowledge that the Service contains information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of the Society or third parties. All Content on the Service is copyrighted as a collective work of the Society pursuant to applicable copyright law. The Society owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
2.2 Nothing on this Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Service without the prior written permission of the applicable trademark holder specific for each such use. The trademarks may not be used to disparage the Society, the applicable third-party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the trademarks. Use of any trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by the Society. All goodwill generated from the use of any Society trademark inures to its benefit.
2.3 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the Society the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You acknowledge that you do not acquire any ownership rights by downloading copyrighted materials. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, hosting, storage, redistribution or publication of any Content is permitted without the express permission of the Society or the owners of such Content or their authorized persons, if other than the Society. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.
Section 3. Rules of Conduct
3.1 You shall not use the Service to solicit users to purchase or use other online services. You may not (i) select or use a member name, e-mail address or any other information attributed to another person or entity with the intention of impersonating or misrepresenting your affiliation with that person or entity; (ii) use a member name or e-mail address of anyone else without that person? authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Society considers to be offensive.
3.2 You may not post, upload, email, transmit, post external links or otherwise make available on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, invasive of others privacy, tortuous, hateful or racially, ethnically or otherwise objectionable, (b) contains viruses or other contaminating or destructive features, or (c) otherwise violates any applicable law, regulation or rule, promotes any act of cruelty to animals, or harms minors in any way.
3.3 You shall not upload, post or otherwise make available on the Service any Content protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any such Content is not protected by copyright rests with you. You shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting Content to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted the Society the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit anyother user to access, view, store or reproduce the Content for their personal use. Additionally, you are instructed to notify the Society promptly in the event that you believe that any such Content infringes a third party copyright.
3.4 You shall not upload, post or otherwise make available on the Service any Content you do not have a right to make available under contractual or fiduciary relationships.
3.5 You shall not upload, post or otherwise make available on the Service any unsolicited or unauthorized advertising, promotional materials, ?unk mail, ?pam, ?hain letters, ?yramid schemes, or any other form of solicitation, except in such areas that are designated for such purpose; submit a publication of user developed software (?ublication? that functions as an abusable open resource or that violates the terms of service or use of a third party, including, but not limited to, an open newsserver, an unsecured mail relay or a smurf amplifier; or submit a Publication that contains viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, network or personal information.
3.6 You shall not interfere with the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Section 4. Managing Content
4.1 The Society does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, the Society reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The Society shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
Section 5. No Endorsement; External Sites
5.1 The Society does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of the Society.
5.2 The Service may contain links to sites and advertisements on the Internet which are owned, operated and provided by third parties (the "External Sites"). You acknowledge that the Society is not responsible for the availability of, or the content, advertising, products or other materials located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Section 6. Indemnity
6.1 You agree to indemnify, defend and hold the Society and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Society Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Society Party in connection with any use or alleged use of the Service by you or under your password by any person, whether or not authorized by you. The Society reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Society's defense of such claim.
Section 7. Termination of or Change in the Service
7.1 The Society reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. The Society may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
Section 8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
8.1 NEITHER THE SOCIETY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE SOCIETY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF THE SOCIETY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER THE SOCIETY NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 8 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SOCIETY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8.3. UNDER NO CIRCUMSTANCES WILL THE SOCIETY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SERVICE AND/OR ANY POSTINGS ON THE INTERACTIVE AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE AND/OR THE INTERACTIVE AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
8.4 NEITHER THE SOCIETY, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.5 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE SOCIETY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
Section 9. Confidentiality of User Communications
9.1 We use reasonable efforts to keep any communication or material you transmit to us via the Service (including Interactive Areas) and Internet electronic mail which contains personal user information confidential, except as required by law or as otherwise specifically agreed. Please view the Society? Privacy Statement. Postings on the Interactive Areas or other information submitted to the Society will be the property of the Society and will not be treated as confidential and the Society may use information contained in any such submissions for any purpose.
Section 10. Miscellaneous
10.1 This Agreement shall be construed in accordance with the laws of the State of Maryland, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Maryland. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
