The term "Website" refers to features and content accessible on the internet domain name PatriotCalendar.com and related URLs (Uniform Resource Locators) containing the "patriotcalendar.com" domain name.
The term "Services" refers to all features integrated on the Website PatriotCalendar.com (e.g. The Patriot Calendar(s), Community Profiles and related features, Private Messaging, Blogs, Groups, Discussion Forums, The Patriot Files, Patriot Box Office, Links Directory, Library and News, Patriot Pulse).
The term "Member" refers to any person who has registered with PatriotCalendar.com.
The term "Registration" refers to the act of submitting requested and/or required information via PatriotCalendar.com's member registration form in order to establish an account (including username and password) and be permitted access to privileged features available on the PatriotCalendar.com Website.
The term "Visitor" refers to a person who simply browses the PatriotCalendar.com Website without having submitted registration.
The term "User" refers to a Member or Visitor of the PatriotCalendar.com Website.
The term "Agreement" refers to this Terms and Conditions of Use Agreement (which you are reading at this very moment).
The term "Content" refers to visible and auditory material elements presented on the various pages of the PatriotCalendar.com Website (e.g. text, graphics and photos, sound files, hyperlinks, etc.).
The term "Member-submitted Content" applies to materials uploaded or posted by Members for integration into the PatriotCalendar.com Website (e.g. calendar events, blogs, forum posts, comments, photos, etc.).
The term "Administrative Content" applies to materials uploaded or posted by PatriotCalendar.com administrator(s) and presented on the PatriotCalendar.com Website.
PatriotCalendar.com is a social networking service that allows Members
to create profiles online for the purpose of finding and communicating
with like-minded individuals or groups. The PatriotCalendar.com Website and associated Services are hosted in the United States.
This Agreement sets forth the legally binding terms for your use of the PatriotCalendar.com Services. By using the PatriotCalendar Services, you agree to be bound by this Agreement, regardless of your User type (Member or Visitor). You are only authorized to use the PatriotCalendar.com Services (whether your access or use is intended or not) if you agree to abide by all applicable laws and to thie Agreement. Please read this Agreement carefully. If you do not agree with any term or condition of this Agreement, you should immediately end your use of the PatriotCalendar.com Website and discontinue use of PatriotCalendar Services. If you wish to become a Member of the PatriotCalendar Website, communicate with other members, and utilize PatriotCalendar.com Services, you must read this Agreement and affirm your acceptance during the Registration process.
This Agreement includes PatriotCalendar's policy for acceptable use of PatriotCalendar Services and Content posted on the PatriotCalendar.com Website (such policy regulates your rights, obligations, and restrictions regarding your use of PatriotClanedar Services) and PatriotCalendar's Privacy Policy. In order to participate in certain PatriotCalendar Services, you may be required to agree to additional terms and conditions, which are clearly stated in the course of accessing such services. Unless otherwise provided by the additional terms and conditions applicable to those PatriotCalendar Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
PatriotCalendar may modify this Agreement at any time and such modification shall be effective upon its posting by PatriotCalendar on the PatriotCalendar.com Website. You agree to be bound to any revisions to this Agreement when you use PatriotCalendar Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure your familiarity with all Terms and Conditions expressed herein.
Please use careful discretion concerning the information you post on PatriotCalendar.com and that you provide to other Users. Your PatriotCalendar.com Member profile may not include any of the following: telephone numbers, street addresses, last names, photos containing nudity, or obscene, lewd, excessively violent, harrassing, sexually explicit or otherwise objectionable or illegal subject matter. Despite this prohibition, information provided by PatriotCalendar Members (for instance, in their profiles) may contain inaccurate, inappropriate, offensive, or sexually explicit material, products or services, or hyperlinks to such, and PatriotCalendar assumes no responsibility or liability for this material. If you become aware of misuse of PatriotCalendar Services by any person, please contact PatriotCalendar Administrator -- or -- if logged in as a Registered Member, click "Moderation / Report User" on the Member's profile page.
PatriotCalendar reserves the right, at 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 PatriotCalendar.com Website or PatriotCalendar Services at any time, for any or no reason, with or without prior notice, and without liability. PatriotCalendar reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the PatriotCalendar Services or PatriotCalendar.com Website if PatriotCalendar determines, at its sole discretion, that you pose a threat to PatriotCalendar and/or its Users.
Eligibility:
Use of and membership in services offered by PatriotCalendar.com is void where prohibited. By using PatriotCalendar.com services, you represent and warrant that (a) all registration information you submit is truthful and accurate AND you will maintain the accuracy of such information; (b) you are 14 years of age or older; and (c) your use of PatriotCalendar.com services does not violate any applicable law or regulation. PatriotCalendar.com administration reserves the right to terminate your membership at any time, without prior notice, in the event PatriotCalendar.com administration believes you are in violation of any of the above conditions a), b), or c).
Term:
This Agreement shall remain in full force and effect while you use the PatriotCalendar Website and Services or are a Member.
Username:
In the course of registration as a Member of PatriotCalendar.com, you will be asked to choose a Username. You may create only one Member account for yourself as an individual. You may create one additional Member account per entity or organization you are authorized to represent. Member names may not contain spaces or special characters/symbols, foul language, or trademarked names. Member names may not impersonate any living person or entity (e.g. celebrities, political figures).
Password:
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PatriotCalendar.com immediately if you suspect any unauthorized use of your account or access to your password. You are soley responsible for any and all use of your account.
Proprietary Rights in Content on PatriotCalendar.com:
1. PatriotCalendar.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the PatriotCalendar Services. After posting your Content to the PatriotCalendar Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the PatriotCalendar Services, you hereby grant to PatriotCalendar.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content soley on and through the PatriotCalendar Website and Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the PatriotCalendar Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PatriotCalendar Services does not violate the privacy rights, publicity rights, copyrights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the PatriotCalendar Services.
3. The PatriotCalendar Website contains developmental and Administrative Content of PatriotCalendar.com. PatriotCalendar.com Content is protected by copyright and other laws, and PatriotCalendar.com owns and retains all rights in the PatriotCalendar.com Content and PatriotCalendar Services. PatriotCalendar.com hereby grants you a limited, revocable, nonsublicnseable license to reproduce and display the PatriotCalendar.com Content (excluding software code) solely for your personal use in connection with viewing the PatriotCalendar Website and using PatriotCalendar Services.
Posted Content:
1. PatriotCalendar.com may delete any Content that in the sole judgment of PatriotCalendar.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PatriotCalendar.com assumes no responsibility for monitoring the PatriotCalendar Services for inappropriate Content or conduct. If at any time PatriotCalendar.com chooses, in its sole discretion, to monitor the PatriotCalendar Services, PatriotCalendar.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are soley responsible for the Content that you post on or through any of the PatriotCalendar Services, and any material or information that you transmit to other Members and for your interactions with other Users. PatriotCalendar.com does not endorse and has no control over the Content. Content is not necessarily reviewed by PatriotCalendar.com prior to posting and does not necessarily reflect the opinions or policies of PatriotCalendar.com. PatriotCalendar.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to or receive from other Members.
Prohibited Content/Activity:
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through PatriotCalendar Services. PatriotCalendar.com reserves the right to investigate and take appropriate legal action against anyone who, in PatriotCalendar.com's sole discretion, violates this provision, including without limitation, removing the offending communication from PatriotCalendar Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PatiotCalendar.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to another website featuring such materials;
5. solicits personal information from any person under the age of 18 years;
6. promotes information tha you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelouse;
7. promotes an illegal or unauthorized copy of another person's copyrighted work;
8. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
11. includes a photograph of another PatriotCalendar.com member that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the PatriotCalendar Website and in the course of use of the PatriotCalendar Services. PatriotCalendar.com reserves the right to investigate and take appropriate legal action against anyone who, in PatriotCalendar.com's sole discretion, violates this provision, including but without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harrassment, stalking, spamming, spimming, transmittal of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. It is a violation of these rules to use any information obtained from the PatriotCalendar Services in order to advertise to, solicit, or sell to any Member without that Member's prior explicit consent. You may not transmit any chain letters or junk email to other Members. If you breach this Agreement and send unsolicited bulk email, private messages, or other unsolicited communications of any kind through the PatriotCalendar Services, you acknowledge that you will have caused substantial harm to PatriotCalendar.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PatriotCalendar.com $50.00 for each unsolicited email or other unsolicited communication you send through the PatriotCalendar Services;
3. any automated use of any PatriotCalendar.com system or feature, such as using scripts to add friends, send messages, or post comments;
4. interfering with, disrupting, or creating an undue burden on the PatriotCalendar Services or the networks or services connected to the PatriotCalendar Services;
5. attempting to impersonate another Member or person;
6. using the account, username, or password or another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. transferring your profile to another person by any means;
8. using any information obtained from the PatriotCalendar Services in order to harass, abuse, or harm another person;
9. using the PatriotCalendar Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, except in the case of Creative Commons licensed material available on PatriotCalendar.com, in which case you agree to use the material in accordance with the particular license specified. It is the policy of PatriotCalendar.com to terminate the membership privileges of any Member who repeatedly infringes the copy rights of others. If you believe that your work has been posted on PatriotCalendar.com in a way that constitutes copyright infringement, please contact PatriotCalendar.com for instructions on how proper and official notification of such is to be made.
Member Disputes:
You are solely responsible for your interactions with other PatriotCalendar.com Members. PatriotCalendar.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy:
Use of the PatriotCalendar.com Services is also governed by our Privacy Policy, which is incorporated into this Terms and Conditions of Use Agreement by this reference.
Disclaimers:
PatriotCalendar.com is not responsible for any incorrect or inaccurate Content posted on the PatriotCalendar Website or in connection with the PatriotCalendar Services, whether caused by Users of the PatriotCalendar Services or by any of the equipment or programming associated with or utilized in the PatriotCalendar Services. Profiles created and posted by Members on the PatriotCalendar Website may contain links to other websites. PatriotCalendar.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PatriotCalendar.com. Inclusion of any link to any external website on the PatriotCalendar Services does not imply approval or endorsement of the linked website or its materials by PatriotCalendar.com. When you access these third-party web sites, you do so at your own risk. PatriotCalendar.com takes no responsibility for third-party advertisements which are posted on this PatriotCalendar.com Website or through the PatriotCalendar Services, nor does it take responsibility for the goods or services provided by its advertisers. PatriotCalendar.com is not responsible for the conduct, whether online or offline, of any User of the PatriotCalendar Services. PatriotCalendar.com 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, any User or Member communication. PatriotCalendar.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the PatriotCalendar Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PatriotCalendar Services. Under no circumstances shall PatriotCalendar.com be responsible for any loss or damage, including personal injury or death, resulting from the use of the PatriotCalendar Services, attendance at a PatriotCalendar.com event, from any Content posted on or through the PatriotCalendar Services, or from conduct of any Users of the PatriotCalendar Services, whether online or offline. The PatriotCalendar Services are provided "As-Is" and as available and PatriotCalendar.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PatriotCalendar.com cannot guarantee and does not promise any specific results from use of the PatriotCalendar Services.
Limitation On Liability:
In no event shall PatriotCalendar.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the PatriotCalendar Services, even if PatriotCalendar.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PatriotCalendar.com's 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 PatriotCalendar.com for use of PatriotCalendar Services during the term of your membership.
Disputes:
If there is any dispute about or involving PatriotCalendar Services, you agree that the dispute whall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin.
Indemnity:
You agree to indemnify and hold PatriotCalendar.com, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PatriotCalendar Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the PatriotCalendar Website or through the PatriotCalendar Services causes PatriotCalendar.com to be liable to another.
Other:
This Terms and Conditions of Use Agreement is accepted upon your use of the PatriotCalendar Website or any of the PatriotCalendar Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PatriotCalendar.com regarding the use of the PatriotCalendar Services. The failure of PatriotCalendar.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver or such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
