FLANDERS HOUSE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use are effective as of March 9th, 2009.
The www.flandershouse.org website (the “Site”) is operated by Flanders House and hosted in the United States. Your access to and use of the Site or its social networking services (“Membership Features” and together with the Site, the “Services”) and, if you are a member of Flanders House or are otherwise a permitted user as described below, your registering as a Member (“Member”) and creating a Member account (an “Account”) are governed by these Terms. This is a legally binding agreement applicable to your use of the Services. Your accessing and using any of the Services, whether as a Member or visitor, constitutes your acknowledgement that you have read, understood and agree to be bound by these Terms. A “User” means either a visitor or Member. If you do not agree to be bound by these Terms and all applicable laws you are required to leave the Site and discontinue use of the Services. To become a Member you are required to indicate your acceptance of these Terms during the registration process.
Changes to Terms
We reserve the right, in our sole discretion, at any time and without prior notice, to change these Terms and changes may include the addition of new terms or the modification or deletion of existing terms. Any changes will be posted on this Site as part of the Terms and will be effective immediately. The date of the last revision of the Terms will appear at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms whether or not you have reviewed the new Terms. It is your responsibility to regularly check this page and review the Terms for changes.
Membership and Use of the Membership Features is restricted to (i) members of Flanders House; (ii) staff of Flanders House; and (iii) certain service providers and other third parties as permitted by Flanders House. Flanders House may permit certain service providers to create an Account and use the Membership Features in connection with the performance of their services. For example, Flanders House may permit a workshop presenter to create an Account and use the Membership Features to facilitate communications with other Members in connection with the workshop. This Site is not intended for use by persons under the age of thirteen (13). Users age thirteen (13) through eighteen (18) may only access and use this Site with the permission of a parent or guardian. Any use of or access of this Site by anyone under the age of thirteen (13) or by anyone age thirteen (13) through eighteen (18) without the permission of a parent or guardian is not authorized and is a violation of these Terms. By using or accessing the Services, you represent and warrant that you are either at least eighteen (18) years of age or, if you are between the ages of thirteen (13) and eighteen (18), you have the permission of your parent or guardian and that you agree to abide by all of the provisions of these Terms. Use of the Services is void where prohibited.
Term and Termination
These Terms, including any revisions to the Terms, shall remain in full force and effect while you are a Member or use the Services.
Flanders House shall have the right to terminate or deactivate your Account and Membership at any time, in its sole discretion, without notice, for any or no reason (including in the event that you are no longer a member of Flanders House) which may include eliminating your access to the Services, removing your Account profile (“Profile”) from the Services so that it is no longer viewable by you or any other Member and removing any content or information that you have uploaded, transmitted, published or displayed (collectively, “Post”) on the Services.
Flanders House retains the right to discontinue the operation of any or all of the Services, at any time, in its sole discretion, without notice for any or no reason.
The restrictions imposed on you, the disclaimers, indemnities and limitations of liability contained in these Terms will survive any termination of the Services (or your access thereto), your Membership or your Account.
Provision of Data; Maintaining Account Security
You agree to provide complete and correct information about yourself as may be prompted by any forms on the Services, including any forms or information requests in connection with the creation of your Account ("Account Data") and to timely update any Account Data or other information you provide to Flanders House so that it continues to be complete and correct. You are required to keep your username and password secure and agree not to disclose your password to any third party. You agree to notify Flanders House immediately if you suspect or become aware of any unauthorized use of your Account or disclosure of your password. You are responsible for any use of your Account and for any transactions that take place using your Account, whether authorized or unauthorized. You agree not to use any other person’s Account, username or password.
Certain text, images, designs, photographs, graphics, data, files, images, sounds, musical works, works or authorship and other materials, including their selection and arrangement (collectively, the "Content") are the property of Flanders House or its suppliers, corporate sponsors or partners, except that as between Flanders House and any Member, Content furnished by a Member (“Member Content”) remains the property of that Member. The Content is protected by copyright, trademark, patent, trade secret and other applicable laws. Flanders House retains all rights in Content and grants you a limited, revocable license, without a right to sublicense, to reproduce (including downloading and printing), display, perform and use any Content that you are permitted to access in connection with your viewing and use of the Services for your personal, non-commercial use, and in connection with your League participation, provided that you maintain all copyright or other proprietary notices as contained on the applicable Content. Flanders House may terminate this license at any time, in its sole discretion, without notice and for any or no reason.
Except as otherwise permitted herein, you may not with respect to any Content, alter, modify, revise, copy, distribute, reproduce, republish, display, Post, transmit, sell or take any other similar action, in any manner, in whole or in part, without Flanders House’s prior written consent.
You may not upload or republish Content on any Internet, Intranet or Extranet site or use any part of the Content in any other database. You may not use any data mining, or similar data gathering or extraction methods. Your license to use the Content will terminate in the event that you use the Services or the Content other than as specifically permitted by these Terms, unless you have obtained the prior written permission of Flanders House. Any use of the Content, except as specifically permitted by these Terms is prohibited.
The Content appearing on the Services may contain omissions or errors and may be out dated. We may update, revise or delete any Content, in our sole discretion, at any time, and without prior notice and may reformat any Content to allow for its use through the Services.
Member Content Posted on the Site
You are responsible for any Member Content, including information contained in your Profile, and other information that you Post through the Services, or that you choose to transmit or otherwise share with other Members. You may only Post through the Services Member Content that you own or that you have permission from the owner to Post.
Flanders House may, but has no obligation, to periodically review the Services and remove, at any time, in its sole discretion, without notice for any or no reason and this may include the removal of Content or Member Content, including the removal of Member Content that in Flanders House’s opinion violates these Terms in any manner. Flanders House is not responsible for any Member Content that is removed or deleted and it is your responsibility to retain your own copies of any Member Content or information that you provide to Flanders House or otherwise Post on the Site.
As between you and Flanders House, your Member Content is owned by you and you retain any intellectual property rights associated with your Member Content, if any. You agree that Flanders House may and you authorize Flanders House to make and retain copies of any Member Content that you Post as may be necessary, in Flanders House’s sole discretion, for the operation and maintenance of the Services. When you Post any Member Content through the Services, you automatically grant to Flanders House, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, and distribute your Member Content for any purpose, commercial, advertising, or otherwise in connection with the Services or any League or their promotion, to prepare derivative works or incorporate into other works, and Flanders House is may grant sublicenses in any of the foregoing.
You represent and warrant that you have the right to grant the foregoing license and that your Member Content does not violate any rights, including intellectual property rights, of any person or entity. You are responsible for any royalties, fees or other costs due as the result of any Member Content you Post to the Services.
You may remove your Member Content from the Services at any time (however some messages, posts or other Member Content, depending on the type and how posted, may not be removable by you). The license granted above will continue after any removal of your Member Content from the Services. Flanders House is permitted to retain achieved copies of any Member Content that is removed. After removal, you Member Content may still be viewable (e.g., in achieved or cached pages or in copies that were printed or saved by other Members).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Flanders House, through service requests or otherwise, are non-confidential and shall become the sole property of Flanders House. Flanders House shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyrights and Trademarks
Except as otherwise indicated, all Flanders House graphics, logos, designs, page headers, scripts and service names and similar items are registered trademarks, trademarks or trade dress of Flanders House in the U.S. and/or other countries or are otherwise protected (“Marks”). Flanders House's Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Flanders House.
With the exception of any corporate sponsor, partner or other similar programs made available by Flanders House on the Services, the Services may only be used by you for personal, non-commercial use and in connection with your League participation. You represent, warrant and agree that no materials including Member Content of any kind that you submit through your Account or otherwise Post, transmit, or share on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
The Services are intended to foster communication and networking. You are expected to use the Services in a manner that is reflective of the values of Flanders House and you agree not to post or otherwise use the Services to:
• create more than one Account for yourself or create an Account for anyone other than yourself;
• sell or transfer your Account or Profile;
• harass, abuse or harm or attempt to harass, abuse or harm and person or entity;
• engage in commercial activity through your Account or use of the Services;
• compile e-mail addresses or other contact information of other Members for the purpose of sending unsolicited emails or other unsolicited communications that are not in accordance with the permitted uses of the Services;
• engage in unauthorized soliciting, including the use of junk mail, spam, chain letters or other solicitations, including the solicitation of personal information from minors or for commercial or illegal purposes;
• submit or Post any information or Member Content that Flanders House deems unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, hateful, discriminatory or otherwise racially, ethnically or otherwise objectionable;
• damage or disable the Services or products any other negative impact on the operation of the Services or any computer systems, including uploading or making available in anyway any Member Content or other material that contains viruses or that is designed to negatively impact the use of such systems;
• conduct any unlawful activity or to make available any material that may aid in or encourage the commission of a crime or illegal activity, violate the rights of any person or entity, or that would otherwise create liability or violate any law;
• provide any false or misleading information about yourself or any other person or impersonate any person or entity;
• make available in any way, any personal information about any person or entity other than yourself;
• intimidate, embarrass or demean any person or entity;
• access or attempt to access or use another's Account, without the consent of Flanders House; or
• make available any material that, in Flanders House’s sole discretion, is objectionable or which may limit or prevent any other person from enjoying full use of the Services (to the extent that the user would otherwise be permitted), or which could expose or result in liability for Flanders House, its suppliers, corporate sponsors, partners or any User.
The Services allow Members to Post Member Content and share information with other Members which may include the personal information of the Member displayed in the Members Account profile or otherwise Posted by the Member. You acknowledge and agree that your use of the Services and your Member Content and other Postings that you make are subject to, and will fully comply with these rules of required conduct above and the other terms and conditions set forth in these Terms.
Flanders House reserves the right to terminate the Membership and Account of any Member that violates this provision.
Procedure for Claims of Infringement
If you believe your rights under United States or international copyright laws are being violated by any material appearing on or through the Services, please send us written notice addressed Attention: Copyright Agent at 620 Eight Avenue – 44th Floor, New York, NY 10018. Your notice should contain (i) your name, address, telephone number and e-mail address; (ii) a description of the copyrighted work or other intellectual property that you believe has been infringed; (iii) the location where the material from (ii) can be found on the Services; (iv) a statement that you have a good faith belief that the copyright or intellectual property owner, its agent or the law has not authorized the disputed use; (v) a statement made by you under penalty of perjury that you are the owner of the copyright or other intellectual property or are authorized by the owner to act on his behalf; and (vi) your physical or electronic signature.
Flanders House will investigate the situation and if warranted, take appropriate action such as removing the infringing material from the Services.
Third Party Websites and Content
The Services may contain links to third party (“Third Party”) websites and may include Content of a Third Party Content (“Third Party Content”). Flanders House is not responsible for any Third Party website or Third Party Content that you may access through the Services. The fact that any Third Party website or Content is accessible via the Services does not imply approval or endorsement by Flanders House of the Third Party and its practices and services or otherwise. You visit any Third Party website via a link from the Services or use any Third Party Content at your own risk. These Terms are not applicable to any Third Party website or Third Party Content. It is your responsibility to review the terms applicable to the Third Party’s website or Third Party Content.
Member Accounts; Disputes
Flanders House may allow for purchases of certain products by use of the Services for delivery to the United States and Canada. Flanders House reserves the right, at any time, in its sole discretion, without notice and for any reason or no reason to discontinue or change product offerings available through the Services and their prices. Products displayed on the Services are not guaranteed to be available for purchase and any description of or reference to any products on the Services does not constitute a warranty by Flanders House or any of its suppliers, corporate sponsors or partners.
Disclaimer of Warranties and Other
THE SERVICES, ANY CONTENT OR MEMBER CONTENT, ANY LINKED WEBSITE, AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED "AS-IS" AND Flanders House DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLANDERS HOUSE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. FLANDERS HOUSE MAKES NO REPRESENTATIONS AND WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, ANY LINKED WEBSITE, ANY CONTENT, MEMBER CONTENT OR OTHER MATERIAL, INCLUDING THE AVAILABILITY OF OR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OF ANY OF THE FOREGOING.
FLANDERS HLOUSE DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT, MEMBER CONTENT OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CONTENT, MEMBER CONTENT OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MEMBER CONTENT AND OTHER MATERIAL FROM THE SERVICES AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY RESULTING DAMAGES OR LOSSES.
Limitation on Liability
IN NO EVENT WILL FLANDERS HOUSE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST INFORMATION OR DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF THE CONTENT, MEMBER CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES, EVEN IF FLANDERS HOUSE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FLANDERS HOUSE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE PURCHASE OF A PRODUCT THROUGH THE SERVICES SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SPECIFIC PRODUCT AND Flanders House'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE SERVICES, OTHER THAN THE PURCHASE OF PRODUCTS, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Flanders House FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY. UNDER NO CIRCUMSTANCES OR IN ANY CASE, HOWEVER, SHALL FLANDERS HOUSE’S LIABILITY TO YOU EXCEED $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
These Terms shall be governed by the laws of the State of New York, without regard to principles of conflict of laws. You and Flanders House agree to submit to the sole and exclusive jurisdiction of the state and federal courts located in New York, NY for any dispute, action or proceeding arising out of, in connection with or related to, these Terms, your use of the Services or any products or service you purchase using the Services and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in New York, NY.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH OR RELATED TO, THESE TERMS, YOUR USE OF THE SERVICES OR ANY PRODUCTS OR SERVICE YOU PURCHASE USING THE SERVICES. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED OR OTHERWISE INDICATED THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT OF A JURY TRIAL IN THE EVENT OF ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.
You agree to defend, indemnify and hold Flanders House, its subsidiaries, affiliates, related entities, corporate sponsors, partners and each of their respective directors, officers, agents, contractors, partners and employees, harmless from and against all claims, losses, damages, liabilities, demands, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any your breach of these Terms, your use of the Services or your purchase of any products or services using the Services.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and the Services, and supersede all prior agreements whether written or oral between the parties with respect to the subject matter hereof and the use of the Services. No waiver by Flanders House of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default and any delay or failure by Flanders House in exercising or enforcing any of its rights under these Terms shall not constitute a waiver of any such right. If any provision of these Terms shall be unlawful, void or unenforceable, the remainder of these Terms shall continue in full force and effect. Headings are provided for convenience only and have no legal or contractual effect. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.
Access to or use of the Services shall not be construed as the purposeful availment by Flanders House or any of its associated Leagues of the privilege or benefit of doing business in any state or legal jurisdiction other than the State of New York.