Boys & Girls Clubs of America Terms of Use
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS
WEBSITE, WHICH IS PROVIDED BY BOYS & GIRLS CLUBS OF AMERICA (“BGCA,” ” WE,”
“US,” “OUR”). BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE
SUBJECT TO CHANGE BY BGCA FROM TIME TO TIME IN ITS DISCRETION. YOUR USE OF THIS
SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
If any provision of these Terms of Use is found to
be illegal or unenforceable, the Terms of Use and all matters or issues
collateral thereto will be governed by, regard to its conflicts of law
principles. Any action or proceedings brought by You against Us shall be
brought exclusively in the United States District Court for the Northern
District of Georgia or in the state or superior courts of the State of Georgia,
located in Atlanta, Georgia and You hereby accept and submit to the
jurisdiction of each of the above mentioned courts in person, generally and
unconditionally with respect to any action, suit or proceeding brought by Us
against You.
Boys & Girls Clubs of America Terms of Use
TERMS OF USE
Boys & Girls Clubs of America has updated BGCA.NET's Terms of Use. Please review and approve these before proceeding.
Terms of Use IMPORTANT!
THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED
BY BOYS & GIRLS CLUBS OF AMERICA (“B&GCA,” WE,” “US, “OUR”). BY
ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE
OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY B&GCA
FROM TIME TO TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES
ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS OF USE REGULARLY.
AUTHORIZED USERS OF THE SITE
This Site may be used only by authorized B&GCA employees, Boys
& Girls Club organizations, professionals, volunteers, associates and Club
members (“Authorized Users”). If You are not an Authorized User, or have not
otherwise received written permission from B&GCA to use this Site, You
should cease use of this Site immediately.
ACCESS TO THE SITE
To access this Site, You must provide certain registration details. It
is a condition of Your use of this Site that all the information You provide
will be correct, current, and complete. B&GCA has the right to refuse You
access to the Site or any of its resources, and to terminate or suspend Your
access at any time in its sole discretion. SECURITY Any passwords used for this
Site are for individual use only. You will be responsible for the security of
Your password. B&GCA will be entitled to monitor Your password and, at its
discretion, require You to change it. If You use a password that B&GCA
considers insecure, B&GCA will be entitled to require the password to be
changed and/or terminate Your account.
PERMITTED AND PROHIBITED USES
We hereby grant You a nonexclusive, nontransferable, limited,
revocable license to display the Site solely for Your personal education
regarding B&GCA. You may not copy, reproduce, republish, upload, post,
frame, transmit, or distribute the Site or the Site content in any way, without
Our prior written consent in each instance (except as an incidental part of
page caching by Your browser software so that You may view the Site). Except
for the foregoing license, You have no other rights or licenses, and You may
not use any such Site content on any other Web site. Modification of the
materials or use of the materials for any other purpose is a violation of these
Terms and Conditions, copyrights and other proprietary rights associated with
the materials. You may not use any spider, robot, other automatic process or
mechanical process to monitor or copy the Site, its contents, or information
from visitors to the Site.
You may use the Site for lawful purposes only. You may
not post or transmit through the Site any material that (i) violates or
infringes in any way upon the rights of others, (ii) is unlawful, threatening,
abusive, defamatory, libelous, invasive of privacy or publicity rights, (iii)
is vulgar, obscene, profane or otherwise objectionable, or (iv) encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law. Specifically, You will not use the Site to: (i)
send unsolicited commercial messages or communications in any form ("SPAM");
(ii) intentionally omit, delete, forge or misrepresent transmission
information, including headers, return mailing and Internet protocol addresses;
(iii) engage in any activities or actions intended to withhold or cloak Your
identity or contact information; (iv) interfere, disrupt or attempt to gain
unauthorized access to any computer system, server, network or account for
which You do not have authorization to access or at a level exceeding Your
authorization; or (v) disseminate or transmit any virus, trojan horse or other
malicious, harmful or disabling data, work, code or program. We will fully
cooperate with any law enforcement authorities or court order requesting or
directing Us to disclose the identity of anyone posting or transmitting such
information or materials. If You violate any of these Terms and Conditions,
Your license to use the Site is automatically terminated (in addition to any
other rights and remedies We have).
CONFIDENTIALITY
You acknowledge that the
information contained on this Site, except for information that is otherwise
publicly available, constitutes trade secrets and/or confidential information
of B&GCA. During the term of Your registration with this Site and at all
times thereafter, You agree to keep confidential and not disclose the trade
secrets. During the term of Your registration with this Site and for 3 years
thereafter, You agree to keep confidential and not disclose the confidential
information. You acknowledge that B&GCA will be irreparably harmed if You
disclose trade secrets and/or confidential information in violation of this
provision, and You agree that B&GCA will be entitled to an injunction to
prevent such disclosure.
WARRANTIES
THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF
THIS SITE OR ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN
IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will We be liable to You for any direct, indirect,
special, incidental, punitive or consequential damages of any kind resulting
from the use of, or the inability to use, this Site, whether such claims are
brought in contract, tort or otherwise, and even if We or Our authorized
representative has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to
You. In no event shall Our aggregate liability to You under these Terms of Use
exceed One Hundred Dollars ($100.00).
SUBMISSION OF CREATIVE MATERIALS
We are pleased to hear from You and welcome Your input regarding the
Site. You may submit suggestions, comments, art or any other information or
ideas to Us by email or otherwise ("Creative Materials"). You represent and
warrant that all Creative Materials submitted by You do not infringe on any
third party's rights. No Creative Materials will be subject to any obligation
of confidence by Us, and We shall not be liable for any use or disclosure of
any such Creative Materials. You hereby waive, to the fullest extent allowed by
applicable law, all rights in and to the Creative Materials so submitted,
including rights of attribution and integrity, and You agree and acknowledge
that We shall have a worldwide, perpetual, irrevocable, royalty-free right to
use such Creative Materials for any purpose whatsoever, commercial or
otherwise, without compensation to You or to the provider of such Creative
Materials.
OWNERSHIP OF CONTENT AND TRADEMARKS
All content, trademarks, service marks, and logos appearing on this
Site are Our property or the property of Our licensors, partners or content
providers and these parties retain all rights with respect to any of their
respective content, trademarks, service marks or logos appearing on this Site.
You agree not to reproduce, transmit, publish or distribute such Site content
to any third party without Our prior written consent (or the prior written
consent of the applicable owner of the content) except that You may print out
one copy of the content solely for Your personal use. In doing so, You agree
not to remove or alter, or cause to be removed or altered, any copyright
notice, trademark, trade name, service mark, or any other proprietary notice or
legend.
CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES
We provide Rules of Participation for certain activities on this Site
including, without limitation, contests and sweepstakes. These Terms of Use are
incorporated by reference into the specific Rules of Participation which appear
in connection with information about a particular activity. To the extent that
any conflict exists between these Terms of Use and specific Rules of
Participation, the Rules of Participation for the activity in which You choose
to participate shall govern.
THIRD PARTY HYPERLINKS
This Site may contain hyperlinks to Web sites operated by third
parties other than Us ("Third Party Sites"). We are not responsible for and do
not endorse the content, opinions and views expressed and contained on any
Third Party Sites. We do not control such Third Party Sites and do not verify,
endorse, or take responsibility for the accuracy, currency, completeness or
quality of the content contained on any Third Party Sites. Furthermore, We are
not responsible for the quality or delivery of the products or services
offered, accessed, obtained by or advertised on any Third Party Sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Us, our affiliates,
and their respective officers, directors, employees, agents, licensors,
representatives, partners and third party providers to the Site from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these Terms of Use by You and
any claims brought by third parties arising out of Your use of the Site or the
information accessed from the Site.
MONITORING
B&GCA reserves the right to monitor use of this Site to determine
compliance with these Terms of Use, but has no obligation to do so, and
reserves the right to remove or refuse any information for any reason.
Notwithstanding these rights, You remain solely responsible for the content of
Your postings.
MISCELLANEOUS
If any provision of these Terms of Use is found to be illegal or
unenforceable, the Terms of Use will be deemed modified to the minimal extent
necessary to make it legal and enforceable and will remain, as modified, in
full force and effect. These Terms of Use and all matters or issues collateral
thereto will be governed by, construed and enforced in accordance with the laws
of the State of Georgia without regard to its conflicts of law principles. Any
action or proceedings brought by You against Us shall be brought exclusively in
the United States District Court for the Northern District of Georgia or in the
state or superior courts of the State of Georgia, located in Atlanta, Georgia
and You hereby accept and submit to the jurisdiction of each of the above
mentioned courts in person, generally and unconditionally with respect to any
action, suit or proceeding brought by Us against You.
Last updated: 01/23/03
Copyright © Boys & Girls Clubs of America. BGCA.NET is a service mark of Boys & Girls Clubs of America. All rights reserved.