CALENDARS NET TERMS OF SERVICE
By using Calendars Net, you are agreeing to the following Terms of Service. Please read them all carefully.
1. ACKNOWLEDGMENT AND ACCEPTANCE
Calendars Net is provided for your use ("User") under these Terms of Service ("Terms") and any policies and procedures that may be instituted by Calendars Net. The Terms constitute the entire agreement between Calendars Net and User and supersedes any and all prior agreements between the parties. BY CREATING OR USING A CALENDAR, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS.
2. DESCRIPTION OF SERVICE
Calendars Net is providing User with the capability to create and maintain an electronic calendar via the internet. Calendars Net currently charges for this service only if User is provided with a Calendar that displays no advertising placed by Calendars Net. User must: (a) provide all their equipment necessary to access the internet and Calendars Net (b) pay all fees associated with such access. User understands that Calendars Net is not obligated to provide assistance to the User and that User's use of Calendars Net is at the risk of User.
Calendars Net considers the User's information to be the private and will not monitor or disclose such information except in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply within legal process; (c) to enforce the Terms; (d) to respond to any claims of violation of the rights of third parties; (e) to protect the interests of Calendars Net or others.
User acknowledges and agrees that Calendars Net may access its information as necessary to identify or resolve technical or other problems. User acknowledges and agrees that certain technical processing of information is and may be required to (a) send or receive data; (b) perform planning or scheduling (c) conform to technical or other issues.
User acknowledges and agrees that Calendars Net does not endorse any content created or transmitted via Calendars Net and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content or content that infringes or may infringe the intellectual property or other rights of another.
4. MODIFICATIONS TO TERMS OF SERVICE
Calendars Net may change the terms and conditions of the Terms from time to time with or without notice to User. Any amendment shall be effective immediately with or without notice. Each use by User reaffirms User's acceptance of, and agreement to be bound and to abide by, the Terms as amended.
5. MODIFICATIONS TO SERVICE
Calendars Net reserves the right to modify or discontinue its service, temporarily or permanently, for any reason, and at its sole discretion, with or without notice to User. User agrees that Calendars Net shall not be liable to User or any third party for any modification or discontinuance.
6. USER ACCOUNT, PASSWORD, AND SECURITY
User is solely responsible for maintaining the confidentiality of User's identifications and passwords and any and all activities that occur under User's identifications or passwords. User agrees to immediately notify Calendars Net of any unauthorized use of User's account or any other breach of security known to User.
User agrees not to use any racist, inflammatory, or profane user names, group names, passwords, or other text and further agrees that Calendars Net has the right to modify such if, in its sole discretion, any such terms violate this agreement.
7. 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.
CALENDARS NET 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.
CALENDARS NET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CALENDARS NET 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 NOT OCCUR OR WILL BE CORRECTED.
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.
CALENDARS NET 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 CALENDARS NET 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 YOU.
8. LIMITATION OF LIABILITY
CALENDARS NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CALENDARS NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT CALENDARS NET SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to use the Service for commercial purposes, including the placement of advertising in calendars, unless authorized in writing by Calendars Net. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or use of or access to the Service. Calendars Net hereby authorizes administrators of its fee-based calendar services to use them for commercial purposes; provided, that all of the liability limitations in Sections 7 and 8 above shall continue to apply.
10. CALENDAR DATA STORAGE
Calendars Net assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service. Calendars Net may establish an upper limit on the amount of memory and the number of calendar events a User may post through the Service.
11. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a Calendars Net official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
User agrees: (a) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (b) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (c) not to use the Service for illegal purposes; (d) not to interfere or disrupt networks connected to the Service; and (e) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.
User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post 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. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
Calendars Net may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform with these terms and conditions of the Terms. Calendars Net may, but is not in any way obligated to, enforce these Terms against any user.
User agrees to indemnify and hold Calendars Net, its 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 Terms by User, or the infringement by User of any intellectual property or other right of any person or entity.
User agrees that Calendars Net may terminate User's user name, password, account or use of the Service, for any reason, at its sole discretion, including, without limitation, if Calendars Net believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms, or (b) that User has violated the rights of Calendars Net or other Users or parties. User further agrees that Calendars Net may terminate User's user name, password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by Calendars Net from time to time which period shall not be less than one month.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Calendars Net may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.
All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Calendars Net may post notices or links to notices through the Service to inform User of changes to the Terms, the Service, or other matters of importance. Lack of such notification shall not affect the effectiveness of such changes.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User's correspondence with or participation in promotions of advertisers found on the Service, 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 User and the advertiser. User agrees not to hold Calendars Net liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. PROPRIETARY RIGHTS TO CONTENT
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by Calendars Net, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
The Terms and the relationship between User and Calendars Net shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. User and Calendars Net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah, Oregon.
The failure of Calendars Net to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.