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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.myVillage.us
owned by MyVillage, Inc is provided to you ("User")
under the terms and conditions of this MyVillage, Inc.
Terms of Service (TOS) , and any operating rules or policies
that may be published by MyVillage, Inc. at the URL: www.myvillage.us.
The TOS comprises the entire agreement between User and
MyVillage, Inc. and supersedes all prior agreements between
the parties regarding the subject matter contained herein.
By completing the registration process, or using myvillage,
inc., user indicates that user is at least 13 years of
age and that user agrees to be bound by all of the term
and conditions herein.
2. DESCRIPTION OF SERVICE:
MyVillage, Inc. provides User
with a variety of online services, including but not limited
to the capability to schedule events, process payments
and receive event progress reports. User agrees to: (1)
provide certain current, complete, and accurate information
about User as prompted to do so by the Service, and (2)
maintain and update this information as required to keep
it current, complete and accurate. All information requested
during User's original sign-up shall be referred to as "Registration Data." If
any Registration Data provided by User is inaccurate, MyVillage,
Inc. reserves the right to terminate User's account and
rights to use the Service.
3.
NO "SPAMMING":
User will
not use the Service for chain letters, junk mail, or "Spamming" or make any use of the distribution
lists in a manner involving any person who has not given
specific permission to be included in such a process. An
e-mail advertisement which is (a) addressed to a recipient
with whom the initiator does not have an existing business
or personal relationship and (b) is not sent at the request
of or with the express consent of the recipient to receive
such communications from User ("Spam" or "Spamming")
is strictly prohibited by MyVillage, Inc. If any User uses
the Service for Spam, MyVillage, Inc. reserves the right
to immediately terminate User's access to the Service and
to seek appropriate legal recourse as necessary. If any
User believes that others are using the Service for Spam,
please contact MyVillage, Inc. using support@myvillage.us.
4. NOTICES:
MyVillage, Inc. may give notice to its users by e-mail,
a posting on the site, or other reasonable means. A user
must give notice to MyVillage, Inc. in writing via e-mail
or as otherwise expressly provided by MyVillage, Inc. MyVillage,
Inc. may broadcast, distribute or display notices or messages
through the Service to inform User of changes to the TOS,
the Service, or other matters of importance; such broadcast,
distributions or displays shall constitute notice to User.
5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF
SERVICE:
MyVillage, Inc. may modify or discontinue the Service with
or without notice to User. MyVillage, Inc. shall not be
liable to User or any third party should MyVillage, Inc.
modify or discontinue the Service. MyVillage, Inc. may change
the terms and conditions of the TOS from time to time. Upon
any substantive change in the terms and conditions of the
TOS, MyVillage, Inc. may notify User via e-mail, and/or
by posting an announcement of the changes and a link to
the new TOS on the start-up screen upon User's subsequent
use of the Service. User will be asked to review the new
TOS. User acknowledges and accepts the TOS by continuing
to use the Service.
6. PRIVACY POLICY:
It is MyVillage, Inc's policy to respect the privacy of
its users. MyVillage, Inc. may disclose User's Data, the
contents of User's private communications, or the contact
information of User's guests only if required to do so by
law, or as otherwise stated on MyVillage, Inc.'s www.myvillage.us,
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 MyVillage, Inc.; (2) protect and
defend the rights or property of MyVillage, Inc.; or (3)
act under exigent circumstances to protect the personal
safety of its users or the public. User acknowledges and
agrees that certain technical processing of e-mail 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 Service;
or (4) conform to other similar requirements. User consents
to the use of his or her information, including the transfer
of information to third parties, as described in the myVillage,
Inc. Privacy Policy. User's ability to access his or her
personal information is limited to that information contained
in User's account profile, which User can update or change
at any time by visiting User's Account Profile page.
7. USER ACCOUNT, PASSWORD, AND SECURITY:
Once User registers for the Service, User will receive a
password and an account. User is responsible for maintaining
the confidentiality of User's password and account. Furthermore,
User is entirely responsible for any and all activities
that occur under User's account. User may change User's
password at any time by following instructions; User may
also set up a new account at User's convenience. User agrees
to immediately notify myVillage, Inc. of any unauthorized
use of User's account or any other breach of security known
to User.
8. DISCLAIMER OF WARRANTIES:
User
expressly agrees that use of the service is at user's sole
risk. The service is provided on an "as is" and "as
available" basis. Myvillage, inc. 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.
Myvillage, inc. Makes no warranty that the service will
meet user requirements, or that the service will be uninterrupted,
timely, secure, or error free; nor does myvillage, inc.
Make any warranty as to the results that may be obtained
from the use of the service or as to the accuracy or reliability
of any information obtained through the service or that
defects in the software will be corrected.
User acknowledges that myvillage, inc. Does not control
content, information, products or services offered by advertisers
or third parties on or through the service, including but
not limited to information, products, or services provided
by license to myvillage, inc. From third parties. Except
as otherwise agreed in writing, myvillage, inc. Assumes
no responsibility for and makes no warranty or representation
as to the accuracy, currency, completeness, reliability,
usefulness or decency of content or products distributed
or made available by third parties (including but not limited
to advertisers) through the service. User understands and
agrees that any material and/or data downloaded or otherwise
obtained through the use of the 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 the download of such material and/or
data. Myvillage, inc. Makes no warranty regarding any goods
or services purchased or obtained through the service or
any transactions entered into through the service. No advice
or information, whether oral or written, obtained by user
from myvillage, inc. Or through the service shall create
any warranty not expressly made herein. Some jurisdictions
do not allow the exclusion of certain warranties, so some
of the above exclusions may not apply to user.
9. LIMITATION OF LIABILITY:
Myvillage, inc. Shall not be liable for any indirect,
incidental, special or consequential damages, including
but not limited to damages for loss of profits, use, data
or other intangible, even if myvillage, inc. Has been advised
of the possibility of such damages, resulting from the
use or the inability to use the service or for cost of
procurement of substitute goods and services or resulting
from any goods or services purchased or obtained or content
received or transactions entered into with myvillage, inc.
Or a third party (including but not limited to advertisers)
through the service or resulting from unauthorized access
to or alteration of user's transmissions or data. User
specifically agrees that myvillage, inc. Is not responsible
or liable to user or anyone else for any unlawful, harassing,
defamatory, abusive, threatening, harmful, vulgar, obscene,
sexually explicit or otherwise objectionable conduct or
speech of any other party on or through the service, or
for any infringement of violation of another's rights by
any other party on the service, including but not limited
to intellectual property rights, rights of publicity, or
rights of privacy. Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or
consequential damages so some of the above limitations
may not apply to user.
10. CANCELLATION OF EVENT AND CHARGE BACKS:
In the event that User cancels
an event for whatever reason, the User must make appropriate
arrangements to reschedule the event or refund the “Attendees”, in a manner
that is ethical and lawful. All disputes to do with transactions
that have been made by “Attendees” or “Organizers”
for making or receiving payments as it relates to events
created or booked at www.myvillage.us will need to be resolved
between the “Organizer” and the “Attendees” and
is not responsibility of myVillage, Inc. All payments processes
at www.myvillage.us carry a Credit Card and myVillage,
Inc. fee which can not be refunded. Send any refund requests
to refund@myvillage.us.
We do not issue refunds without written authorization from
the event organizer. There is a $3. Processing fee in
addition to the myVillage credit card processing fee. Upon
request from the event organizer MyVillage, Inc issues the
refund to the same credit card as the purchase was made
on.
11. PAYMENTS
FROM MYVILLAGE, INC:
myVillage, Inc. sends out checks
on the 1st and 15 of every months. Depending on the specific
event and circumstances, myVillage may allow the payments
to be made on other dates. However, these special arrangements
must be agreed upon in writing with myVillage. Checks are
sent to the current address provided by the organizer on
the myVillage Event Organizer area. Occasionally Organizer
misplace checks & therefore these checks are not deposited
by them or rarely checks are lost in the mail; in such
event the Organizer must request for a repeat check from
myVillage. A $25. fee is charged by myVillage for recovering
the costs associated with stopping the previous check and
issuing a new one.
12. USER CONDUCT:
MyVillage, Inc. reserves the right, but does not assume
the responsibility, to monitor or review User conduct on
the Service. User's use of the Service is subject to all
applicable local, state, national and international laws
and regulations.
User agrees:
(1) to comply with U.S. law regarding the transmission of
technical data exported from the United States through the
Service;
(2) not to use the Service for illegal purposes (including
without limitation, gambling or betting);
(3) not to interfere or disrupt networks connected to the
Service; and
(4) to comply with all regulations, policies and procedures
of networks connected to the Service. The 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 agrees not to:
* Use the Service in connection with chain letters, junk
mail, surveys, contests, pyramid schemes, or any use of
distribution lists to any person who has not given specific
permission to be included in such a process (commercial
or otherwise);
* Harvest or otherwise collect information about others,
including e-mail addresses, without their consent;
* Transmit through the Service any unlawful, harassing,
defamatory, abusive, threatening, harmful, vulgar, obscene,
sexually explicit, or otherwise objectionable material of
any kind or nature;
* Invade another's privacy or violate rights of publicity
or intellectual property rights (including but not limited
to copyright, trademark and patent rights) while using the
Service;
* 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;
* Interfere with another User's use and enjoyment of the
Service or another entity's use and enjoyment of similar
services;
* Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others;
* Publish, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
material or information;
* Advertise or offer to sell or buy any goods or services
for any non-personal purpose;
* Create a false identity for the purpose of misleading
others as to the identity of the sender or the origin of
a message;
* Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity that is not a user
of the Service any directory of MyVillage, Inc.'s users
or other user or usage information or any portion thereof
other than in the context of User's use of the Service as
permitted under the TOS;
* Transmit or upload any material that contains viruses,
trojan horses, worms, time bombs, cancelbots, or any other
harmful or deleterious programs;
* Interfere with or disrupt networks connected to the Service
or violate the regulations, policies or procedures of such
networks;
* Attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the
Service, through password mining or any other means; or
* Engage in any other conduct which, in MyVillage, Inc.'s
sole discretion, is considered unauthorized or objectionable.
13. CONTENT:
User is solely responsible for
any data, text, software, music sound, photographs, graphics,
video, messages, files or other materials ("Content")
which is transmitted, posted, or distributed by User through
the Service, including but not limited to the contents
of User's e-mail communications and photos posted by User
on MyVillage, Inc. or through the Service. All Content
whether publicly posted or privately transmitted, is the
sole responsibility of the person from which such Content
originated. This means that User, and not MyVillage, Inc.,
is entirely responsible for all Content that User uploads,
posts, e-mails or otherwise transmits via the Service.
MyVillage, Inc. does not control the Content posted via
the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. User understands
that by using the Service, User may be exposed to Content
posted by other users that may be offensive, indecent or
objectionable. Under no circumstances will MyVillage, Inc.
be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, e-mailed or otherwise
transmitted via the Service.
14. INDEMNIFICATION:
User agrees to indemnify and hold MyVillage, Inc., its parents,
subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of User's
use of the Service, the violation of this TOS by User, or
the infringement by User (or other user of the Service using
User's computer) of any intellectual property or other right
of any person or entity.
15. TERMINATION:
Either party may terminate the Service with or without cause
at any time and effective immediately upon written notice
to the other party. MyVillage, Inc. may terminate the Service
or User's use of the Service with or without cause at any
time and effective immediately, at MyVillage, Inc.'s sole
discretion, including but not limited to immediate termination
of User's use of the Service should User's conduct fail
to conform with these terms and conditions of the TOS, including
but not limited to the terms of conduct set forth in Section
11. MyVillage, Inc. shall not be liable to User or any third
party for termination of Service. Should User object to
any terms and conditions of the TOS or any subsequent modifications
thereto or become dissatisfied with the Service in any way,
User's only recourse is to immediately: (1) discontinue
use of the Service; (2) terminate Service registration;
and (3) notify MyVillage, Inc. of termination. Upon termination
of the Service, User's right to use the Service and Software
shall cease immediately. User shall have no right and MyVillage,
Inc. will have no obligation thereafter to forward any unread
or unsent messages to User or any third party. Sections
8, 9, and 12 - 19 shall survive termination of the TOS.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS:
User may enter into correspondence
with or participate in promotions of any advertisers who
show their products and/or services on MyVillage, Inc.
or through the Service ("Advertiser").
Any such correspondence or promotions, including the delivery
of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between
the corresponding User and Advertiser. MyVillage, Inc.
assumes no liability, obligation or responsibility for
any part of any such correspondence or promotion.
17. USER ACKNOWLEDGES:
User acknowledges that content, contained
in either sponsor advertisements or distributed via e-mail,
of a commercial nature and presented to User by the Service
by MyVillage, Inc. or MyVillage, Inc.'s Advertisers ("MyVillage,
Inc. Content" or "Advertiser Content"),
is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. User is permitted
to use the MyVillage, Inc. Content or Advertiser Content
as expressly authorized by the MyVillage, Inc. or the Advertiser.
User may not copy, reproduce, distribute, or create derivative
works from the MyVillage, Inc. Content or Advertiser Content
without expressly being authorized to do so by MyVillage,
Inc. or Advertiser. User may make a copy of the MyVillage,
Inc. Content or Advertiser Content for User's personal,
noncommercial use only, provided that User keeps all copyright
or other proprietary notices intact.
18. CONTENT PROVIDED BY USER:
Subject to the terms of MyVillage, Inc.'s privacy policy,
User agrees that upon posting any Content on the Service
or MyVillage, Inc., including but not limited to text and
photographs, User grants to MyVillage, Inc., and its successors
and assigns, a non-exclusive, worldwide, royalty free, perpetual,
non-revocable license under User's copyrights or other intellectual
property rights, if any, in and to the content, to distribute,
display, and reproduce such content to other users of the
Service. User also grants MyVillage, Inc. the right to authorize
the downloading and printing in whole or in part of any
content that User has posted to MyVillage, Inc. or through
the Service, by end users for their personal use.
19. GENERAL PROVISIONS:
The TOS shall be governed by
and construed in accordance with the laws of the state
of California, excluding its conflict of law provisions.
User and MyVillage, Inc. agree to submit to the exclusive
jurisdiction of the courts of the state of California,
provided, however, that either party may elect to settle
any litigation in any way arising out of or relating to
the TOS by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association.
If elected, such arbitration shall be conducted in Los
Angeles, California, and judgment on the arbitration award
may be entered into in any court having jurisdiction thereof.
If any provision(s) of the TOS 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. MyVillage, Inc.'s failure to
exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision unless
acknowledged and agreed to by MyVillage, Inc. in writing.
User and MyVillage, Inc. agree that any lawsuit arising
out of or related to this 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 TOS are solely used for the convenience of
the parties and have no legal or contractual significance.
20. LANGUAGE:
It is the express wish of the parties that the TOS and all
related documents have been drawn up in English. C'est la
volente expresse des parties que la presente convention
ainsi que les documents qui s'y rattachent soient rediges
en anglais. MyVillage, Inc. makes no representation that
materials on the Service are appropriate or available for
use in locations outside of the United States, and access
to them from territories where their content is illegal
or otherwise regulated is prohibited. Those who choose to
access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable
local laws.
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