MECARDS TERMS OF SERVICE
Charleston Miracle League, Inc. ("CML") is a South Carolina corporation. CML's website offers users (each a "User") the opportunity to create MeCards by submitting (e.g., "uploading") content wholly-owned and/or controlled by such users (the "User Materials") to the CML website at www.charlestonmiracleleague.org (the "CML Site") so that such User Materials can be distributed to the general public (collectively, the "CML Service").
This is to notify you that by sending a MeCard you thereby agree to these Terms of Service (the "Terms").
REPRESENTATIONS AND WARRANTIES
User represents and warrants that:
- User exclusively owns and/or controls all right, title, and interest (including, without limitation, copyright) in and to the User Materials, and has secured all necessary third-party consents, rights, licenses, and permissions, if any, required in order for User to enter into and perform the Terms and to grant CML all rights to use the User Materials as contemplated in the Terms.
- User Materials (and CML's use thereof as contemplated under the Terms) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party.
- User will not transmit through the CML Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature.
- User agrees not to use the CML Site or CML Service for illegal purposes.
- User will not use the service for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process.
- User Materials will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of CML or any third party.
- User recognizes and accepts that MeCard is not intended to be an anonymous email service. Every MeCard sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of MeCard recipients.
CML USE OF USER E-MAIL ADDRESSES
CML does not sell or distribute the e-mail addresses of anyone using the CML Service. The only time CML will intentionally release information concerning a User's communications is to (1) help Users or recipients send or pickup their MeCards; (2) conform to the edicts of the law or comply with legal process served on CML; (3) protect and defend the rights or property of CML; or (4) act under exigent circumstances to protect the personal safety of its Users or the public.
EXTENDED TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The CML Services are provided to you under the Terms and any operating rules or policies that may be published by CML. The Terms comprise the entire agreement between User and CML and supersede all prior agreements between the parties regarding the subject matter contained herein. By sending a MeCard and clicking on the "Send" button, you are indicating your agreement to be bound by the Terms.
2. DESCRIPTION OF SERVICE
CML is providing User with a capability to send electronic mail via the World Wide Web and on CML's own system. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide access to the World Wide Web; and (3) pay any telephone service fees associated with such access.
In consideration for the CML Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the CML Service. If any information provided by User is incomplete or inaccurate, CML retains the right to terminate User's rights to use the CML Service.
3. MODIFICATIONS TO TERMS OF SERVICE
CML may change the Terms from time to time. The changes may be seen by reviewing this document before sending a MeCard. User's continued use of the CML Service constitutes an affirmative: (1) acknowledgment by User of the Terms and their modifications; and (2) agreement by User to abide and be bound by the Terms and their modifications.
4. MODIFICATIONS TO SERVICE
CML reserves the right to modify or discontinue the CML Service with or without notice to User. CML shall not be liable to User or any third party should CML exercise its right to modify or discontinue the CML Service.
It is CML's policy to respect the privacy of its Users. Therefore, CML will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on CML; (2) protect and defend the rights or property of CML; (3) act under exigent circumstances to protect the personal safety of its Users or the public; or (4) to help senders and recipients with their MeCard communications.
User acknowledges and agrees that CML neither endorses the content of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.
User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the CML Service; or (4) conform to other similar requirements.
6. NO WARRANTY
USER EXPRESSLY AGREES THAT USE OF THE CML SERVICE IS AT USER'S SOLE RISK. THE CML SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CML 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.
CML MAKES NO WARRANTY THAT THE CML SERVICE WILL MEET USER'S REQUIREMENTS OR THAT THE CML SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES CML MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CML SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CML SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS THAT USE OF THE CML SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE CML SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CML OR THROUGH THE CML SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. LIMITATION OF LIABILITY
CML SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE CML SERVICE. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THE TERMS, THE CML SERVICES AND/OR THE USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE USER MATERIALS BY CML). THE PARTIES ACKNOWLEDGE AND AGREE THAT CML HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND CML AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
8. NO COMMERCIAL USE OF THE CML SERVICE
User agrees not to make any commercial use of the CML Service.
9. MECARD MESSAGE STORAGE
CML assumes no responsibility for the deletion or failure to store MeCard messages.
10. USER CONDUCT
User is solely responsible for the contents of his or her transmissions through the CML Service. User's use of the CML Service is subject to all applicable local, state, national, and international laws and regulations.
User agrees (1) to comply with United States law regarding the transmission of technical data exported from the United States through the CML Service; (2) not to use the CML Service for illegal purposes; (3) not to interfere or disrupt networks connected to the CML Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the CML Service.
The CML Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies, and procedures. User will not use the CML Service to distribute chain letters, unsolicited e-mail, or any use of electronic mailing to any person who has not given specific permission to be included in such a process.
User agrees not to transmit through the CML Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
CML may, at its sole discretion, immediately terminate Service should User's conduct fail to comply with the Terms.
11. THIRD PARTY PAYMENTS
User shall be responsible for all licensing, reporting, and payment obligations of any kind to third parties in connection with the User Materials (including without limitation, any such obligations that may arise from CML's use of such User Materials as authorized herein).
User agrees to defend, indemnify, reimburse, and hold CML and its managers, officers, directors, representatives, employees, agents, successors, designees, licensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney's fees, costs and expenses, and court costs) arising out of or related to or arising out of (1) User's use of the CML Service; (2) User's violation of the Terms; (3) CML's use of the User Materials; (4) User's violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including without limitation, any trademark, copyright, patent, trade secret, privacy, publicity, or moral rights of any third party arising from the submission and/or use of User Materials as contemplated hereunder.
CML reserves the right to terminate the CML Service with or without cause or notice at any time and effective immediately. CML shall not be liable to User or any third party for termination of the CML Service.
Should User object to the Terms or any subsequent modifications thereto or become dissatisfied with the CML Service in any way, User's only recourse is to immediately discontinue use of the CML Service.
All notices to a party shall be in writing and shall be made either via email or conventional mail. CML may broadcast notices or messages through the CML Service to inform User of changes to the Terms, the CML Service, or other matters of importance. Such broadcasts shall constitute notice to User.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
The CML Site may from time to time feature advertisers. User may correspond or transact business with such advertisers. Any such correspondence or business transaction, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or business transaction, are solely between the corresponding User and the advertiser. CML assumes no liability, obligation, or responsibility for any part of any such correspondence or business transaction.
THE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF SOUTH CAROLINA WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THE TERMS SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA, AND USER AND CML BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
CML's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CML in writing.
User and CML agree that any cause of action arising out of or related to the CML 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 Terms are solely used for the convenience of the parties and have no legal or contractual significance.