terms-of-use

Terms of Use

The Batavia Mothers’ Club Foundation (BMCF) Terms of Use were last updated on June 15, 2003

PLEASE READ THESE TERMS CAREFULLY. BY USING THE WWW.BATAVIAMOTHERSCLUB.ORG WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

As used in these Terms:
• “Web Site” means the “www.gaido-fintzen.com” web site.
• “We,” “Our,” “Us” and “BMCF” refer to the Batavia Mothers’ Club Foundation.

1. Changes to these Terms. WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the Web Site. These Terms were last revised on March 3 2004

2. Use of Material.

2.1. Material on the Web Site, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the “Materials”), is owned by BMCF third-party licensors. BMCF and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Unless otherwise indicated on the Web Site, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of BMCF. Requests for permission for uses not authorized by these terms may be sent to:

Batavia Mothers’ Club Foundation
P.O. Box 91
Batavia, IL 60510

Or e-mailed to bmcinformation@yahoo.com

2.2. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any metatags or any other similar hidden text utilizing BMCF’s name or trademarks.

2.3. If you violate any of this Section 2, your permission to use the Materials and the Web Site automatically terminates.

3. User Postings.

3.1. At present BMCF does not allow user postings. However, BMCF may allow user postings in the future. If that occurs, as a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the Web Site. By submitting any material for posting on the Web Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) BMCF a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

3.2. We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Web Site nor do we endorse any opinions expressed by any users. You may rely on material posted by other users only at your own risk. Although we may occasionally screen or monitor material posted by users, we do not do so systematically, and we are not obligated to do so.

3.3. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms. If you become aware of any material that violates these Terms, you may email such information to us at bmcinformation@yahoo.com. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms or applicable law, or for no reason at all. However, we have no obligation to expel any user or to prevent further access to the Web Site.

4. Use Policies. You may not do any of the following while using the Web Site:

• interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through password mining or any other means;
• interfere with another user’s use and enjoyment of the Web Site;
• upload any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
• upload Content that contains a virus, corrupted file, or other harmful component;
• impersonate any person or entity, including but not limited to BMCF personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
• upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
• upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
• upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
• intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Web Site; or
• upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.
If you violate any of this Section 4, your permission to use the Materials and the Web Site automatically terminates.

5. Linking to the Web Site.

You may provide a link on your site to the Web Site subject to the following requirements:

• You may not frame or alter the appearance or visual presentation of the Web Site.
• You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless it is true and accurate. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your web site or your goods and services, unless it is true and accurate.
• Links may be text-based using the words: “BMCF” or “www.gaido-fintzen.com” (the “Licensed Marks”), subject to the terms and conditions contained herein.
• You may only link to the home page of the Web Site, unless you receive written permission from BMCF. Requests for permission to link to other parts of the Web Site may be sent to: bmcinformation@yahoo.com.
• You may not use the Licensed Marks on any site that disparages us or any of our affiliates, or presents false information about us or any of our affiliates.
• You may not use the Licensed Marks as a predominant feature of your site. At a minimum, this means that the Licensed Marks must appear smaller than your web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
• You may not use the Licensed Marks in any manner that would adversely affect the name, reputation or goodwill of the BMCF, or use the Licensed Marks on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable.
• You may not use the Licensed Marks on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation.
• We will have no responsibility or liability for any content appearing on your web site. You agree to defend, indemnify and hold harmless BMCF and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your web site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as we may request.
• By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the Licensed Marks and other BMCF marks and logos belong to BMCF. In addition, you acknowledge the validity of BMCF’s ownership in the Licensed Marks and other BMCF marks and logos and will not contest such ownership or the validity of any registrations of BMCF relating to such marks and logos. You agree that use of the Licensed Marks shall inure to the benefit of BMCF. If you happen to obtain any rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill will automatically vest in BMCF and you will take all actions necessary to effect such vesting.
• You are prohibited from using BMCF marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of BMCF.
• We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Web Site from your site.

Subject to these Terms and your compliance with the above requirements, BMCF agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the Licensed Marks solely for the purpose of establishing any link that is permitted hereunder. Except for the limited license to use the Licensed Marks set forth in this paragraph, you may not use any of BMCF’s trademarks or service marks or logos for any other reason without the express written permission of BMCF. BMCF may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the Web Site. Upon our request, you agree to immediately remove all links to the Web Site and to cease using the Licensed Marks. Without limiting the foregoing, if you violate any of this Section 5, your license to use the Licensed Marks and your right to link to any pages on the Web Site automatically terminates. Thereafter, any future links to the Web Site will require the express written permission of BMCF.

6. Links to Third-Party Sites. The Web Site contains links to third-party web sites. These links are provided solely for your convenience. They are not an endorsement by us of the contents of such third-party web sites. We are not responsible for the content or practices of linked third-party sites. We do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites. If you decide to access linked third-party web sites, you do so at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies of any linked site, as the policies of the linked site may differ from those of the Web Site.

7. Submissions. We welcome comments regarding our Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) regarding the Web site submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to BMCF of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. BMCF will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to BMCF, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

8. Claims of Copyright or Other Intellectual Property Infringement. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please contact the Designated Agent listed in our Copyright Policy. Click here for the Copyright Policy.

9. Indemnification. You agree to defend, indemnify and hold harmless BMCF and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your use of the Web Site, or your breach or violation of these Terms. BMCF reserves the right to defend any such claim, and you agree to provide BMCF with such reasonable cooperation as it may request.

10. Disclaimer of Warranties.

10.1. THE WEB SITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BMCF, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

10.2. You understand and agree that: (a) we are not responsible for the timeliness, misdelivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Web Site or the results of your use of the Web Site; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Web Site; (d) we may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the Web Site; and (e) the information on the Web Site may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

10.3. You understand and agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us.

11. Limitation of Liability. IN NO EVENT SHALL BMCF, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE LICENSED MARKS, OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BMCF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Miscellaneous.

12.1. The Web Site is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

12.2. These Terms will be governed by the internal laws of the State of Illinois, without regard to its choice of law provisions. You agree that any action arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in Cook County, Illinois, and you hereby consent to the jurisdiction, venue and convenience of such courts.

13.3. Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions.

13.4. If any provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

13.5. Any waiver of any provision of these Terms will be effective only if it is in writing signed by BMCF. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

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