| Privacy Statement for MVCO |
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Terms of Use Agreement
May 14, 2007
Previous update: May 6, 2007
MVCO.us is an information portal and social networking service that allows registered users to create unique personal profiles online and publish content in discussion forums in order to find and communicate with other Registered Users.
While MVCO.us is intended for residents of the Miami Valley region of Ohio, USA, it may be used by users from other locations through out the world who are interested in this community. The services offered by MVCO.us (MVCO or we) include the MVCO.us website (the MVCO Website), the MVCO.us discussion forum(s) (MVCO Forums), and any other features, content, or applications offered from time to time by MVCO.us in connection with the MVCO Website (collectively, the MVCO Services). The MVCO Services are hosted in the United States.
This Terms of Use Agreement (Agreement) sets forth the legally binding terms for your use of the MVCO Services. By using the MVCO Services, you agree to be bound by this Agreement, whether you are a Visiting User (which means that you simply browse the MVCO Website) or you are a Registered User (which means that you have registered with MVCO.us). The term User refers to a Visiting User or a Registered User.
You are only authorized to use the MVCO Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MVCO Website and discontinue use of the MVCO Services immediately. If you wish to become a Registered User, communicate with other Registered Users and make use of the MVCO Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MVCO.us's policy for acceptable use of the MVCO Services and Content posted on the MVCO Website, your rights, obligations and restrictions regarding your use of the MVCO Services and MVCO.us's Privacy Policy. In order to participate in certain MVCO Services, you may be notified that you are required to download software or content and/or agree to additional terms of condition. Unless otherwise provided by the additional terms and conditions applicable to the MVCO Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@MVCO.us, Subject: Terms of Use Agreement.
MVCO.us may modify this Agreement from time to time and such modification shall be effective upon posting by MVCO.us on the MVCO Website. You agree to be bound to any changes to this Agreement when you use the MVCO Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on MVCO.us and that you provide to other Users. Your MVCO.us user profile may not include the following items: telephone numbers, street addresses, any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MVCO.us Registered Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MVCO.us assumes no responsibility or liability for this material. If you become aware of misuse of the MVCO Services by any person, please contact MVCO or click on the Report Inappropriate Content link at the bottom of any MVCO.us page.
MVCO.us reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MVCO Services at any time, for any or no reason, with or without prior notice, and without liability. MVCO expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MVCO Services for any reason.
1. Your relationship with MVCO
1.1 Your use of MVCO services and web sites (referred to collectively as the “MVCO Services” in this document is subject to the terms of a legal agreement between you and MVCO. “MVCO” means Miami Valley Community Online, whose principal place of business is in Washington Township OH, United States, with a mailing address of P.O. Box 750563, Dayton OH, 45475. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with MVCO, your agreement with MVCO will always include, at a minimum, the terms and conditions set out in this document.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by: (A) clicking AGREE to accept or agree to the Terms, where this option is made available to you by MVCO in the user interface for user registration; or
(B) by actually using the Services. In this case, you understand and agree that MVCO will treat your use of the Services as acceptance of the Terms from that point onwards. 2.3 You may not use the Services and may not accept the Terms if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of this Agreement for your records. 3. Provision of the Services by MVCO
3.1 While MVCO makes reasonable efforts to ensure MVCO Services are compatible for your Web browser, MVCO can not guarantee MVCO Services will work with the browser you use. 3.2 MVCO is constantly innovating in order to provide the best possible experience for the Users. You acknowledge and agree that the form and nature of the Services which MVCO provides may change from time to time without prior notice to you. 3.3 You acknowledge and agree that MVCO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MVCO’s sole discretion, without prior notice to you. This can include your ability to access content that you posted, as well as the ability to post future content. 3.4 You may stop using the Services at any time. You do not need to specifically inform MVCO when you stop using the Services. 3.5 You acknowledge and agree that if MVCO disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. 3.6 You acknowledge and agree to a fixed upper limit on the number of forum topics and replies you can post during a particular period of time (determined by MVCO), and that such fixed upper limits may be enforced by manual or automatic controls set by MVCO. You also agree that the fixed upper limits may be changed with out notice at MVCO’s discretion. 4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to MVCO will always be accurate, correct and up to date. 4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by MVCO, unless you have been specifically allowed to do so in a separate agreement with MVCO. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers), html frames, anonymous proxie services, and shall ensure that you comply with the instructions set out in any robots.txt file present on the MVCO Services. 4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). 4.5 Unless you have been specifically permitted to do so in a separate agreement with MVCO, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 4.6 You agree that you are solely responsible for (and that MVCO has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MVCO may suffer) of any such breach. 5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. 5.2 Accordingly, you agree that you will be solely responsible to MVCO for all activities that occur under your account. 5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify MVCO immediately at http://www.MVCO.com/forms/unauthorized.htm.
6. Privacy and your personal information
6.1 For information about MVCO’s data protection practices, please read MVCO’s privacy policy at http://www.MVCO.com/privacy.htm. This policy explains how MVCO treats your personal information, and protects your privacy, when you use the Services.
6.2 You agree to the use of your data in accordance with MVCO’s privacy policies.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, links to sources outside of MVCO, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the users from which such content originated. All such information is referred to below as the “Content”. 7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MVCO (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MVCO or by the owners of that Content, in a separate agreement. 7.3 MVCO reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, MVCO may (but not obligated to) provide tools to filter out explicit content including, but not limited to, sexual, hate, anti-semitic, derrogatory, etc. content. These tools may include automated filtering that may alter your content during and after submission to a forum. 7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. 7.5 You agree that you are solely responsible for (and that MVCO has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MVCO may suffer) by doing so. 8. Proprietary rights
8.1 You acknowledge and agree that while the furum services are based on the SNITZ Forums 2000 platform licensed under a GNU General Public License, MVCO owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MVCO and that you shall not disclose such information without MVCO’s prior written consent. 8.2 Unless you have agreed otherwise in writing with MVCO, nothing in the Terms gives you a right to use any of MVCO’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with MVCO, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and MVCO's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.MVCO.com/guidelines.htm (or such other URL as MVCO may provide for this purpose from time to time). 8.4 Other than the limited license set forth in Section 10, MVCO acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MVCO, you agree that you are responsible for protecting and enforcing those rights and that MVCO has no obligation to do so on your behalf. 8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. 8.6 Unless you have been expressly authorised to do so in writing by MVCO, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. 9. Licence from MVCO
9.1 MVCO gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by MVCO as part of the Services as provided to you by MVCO (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MVCO, in the manner permitted by the Terms. 9.2 You may not (and you may not permit anyone else to) copy, modify, create derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MVCO, in writing. 9.3 Unless MVCO has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 10. Content licence from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give MVCO a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling MVCO to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. 10.2 You agree that this licence includes a right for MVCO to make such Content available to other companies, organizations or individuals with whom MVCO has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. 10.3 You understand that MVCO, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit MVCO to take these actions. 10.4 You confirm and warrant to MVCO that you have all the rights, power and authority necessary to grant the above licence. 11. Software updates
11.1 The Software which you use may automatically download and install updates from time to time from MVCO. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MVCO to deliver these to you) as part of your use of the Services.
12. Ending your relationship with MVCO
12.1 The Terms will continue to apply until terminated by either you or MVCO as set out below. 12.2 If you want to terminate your legal agreement with MVCO, you may do so by (a) notifying MVCO at any time and (b) closing your accounts for all of the Services which you use, where MVCO has made this option available to you. Your notice should be sent, in writing, to MVCO’s address which is set out at the beginning of these Terms. 12.3 MVCO may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) MVCO is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom MVCO offered the Services to you has terminated its relationship with MVCO or ceased to offer the Services to you; or (D) MVCO is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by MVCO is, in MVCO’s opinion, no longer commercially viable. 12.4 Nothing in this Section shall affect MVCO’s rights regarding provision of Services under Section 4 of the Terms. 12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MVCO have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT MVCO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. 13.3 IN PARTICULAR, MVCO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MVCO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 13.6 MVCO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 14. LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MVCO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH MVCO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE MVCO WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 14.2 THE LIMITATIONS ON MVCO’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT MVCO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 15. Advertisements
15.1 MVCO Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 15.2 The manner, mode and extent of advertising by MVCO on the Services are subject to change without specific notice to you. 15.3 In consideration for MVCO granting you access to and use of the Services, you agree that MVCO may place such advertising on the Services. 16. Other content
16.1 The Services may include hyperlinks to other web sites or content or resources. MVCO may have no control over any web sites or resources which are provided by companies or persons other than MVCO. 16.2 You acknowledge and agree that MVCO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. 16.3 You acknowledge and agree that MVCO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. 17. Changes to the Terms of Use Agreement
17.1 MVCO may make changes to the Terms of Use Agreement or Additional Terms from time to time. When these changes are made, MVCO will make a new copy of the Terms available at http://www.MVCO.com/terms_conditions.htm and any new Additional Terms will be made available to you from within, or through, the affected Services. 17.2 You understand and agree that if you use the Services after the date on which the Terms of Use Agreement or Additional Terms have changed, MVCO will treat your use as acceptance of the updated Terms of Use Agreement or Additional Terms. 18. General legal terms
18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. 18.2 The Terms of Use Agreement constitutes the whole legal agreement between you and MVCO and govern your use of the Services (but excluding any services which MVCO may provide to you under a separate written agreement), and completely replace any prior agreements between you and MVCO in relation to the Services. 18.3 You agree that MVCO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. 18.4 You agree that if MVCO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MVCO has the benefit of under any applicable law), this will not be taken to be a formal waiver of MVCO’s rights and that those rights or remedies will still be available to MVCO. 18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms of Use Agreement without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 18.6 You acknowledge and agree that each member of the group of companies of which MVCO is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. 18.7 The Terms, and your relationship with MVCO under the Terms, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and MVCO agree to submit to the exclusive jurisdiction of the courts located within the county of Montgomery, Ohio to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MVCO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. May 6, 2007
If you do agree with the rules and policies stated in this agreement, and meet the criteria stated herein, proceed to press the "Agree" button below, otherwise press "Cancel".
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