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Terms
& Conditions
Welcome
to WoburnAlumni.com. By accessing and using the woburnalumni.com
website ("Website"), you are agreeing to the following
Terms of Use. We encourage you to review the Terms of Use.
Accessing
the Site and Becoming a Member. THE WEBSITE IS INTENDED SOLELY
FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY
ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE
AT LEAST 18 YEARS OLD. While there may be parts of the Website
that are available only to individuals who purchase a fee-based
membership and services, there is no cost to register on our Website
or use our non-fee based services (collectively, the "Services").
If you are merely surfing or browsing through the site and have
not yet registered to become a member, your use of the Website
is still subject to the Terms of Use; if you do not agree to the
Terms of Use, do not use the Website. The specific Services available
to you will vary depending upon whether you register as a member
and whether or not you choose to purchase a fee-based membership
or service. Your use of the Website may also be subject to additional
terms outlined elsewhere in this agreement (the "Additional
Terms"). Please review these Additional Terms as they also
form a binding part of our agreement with you. Once you register
with us as a non-paying member or purchase a fee-based WoburnAlumni.com
/ Imaginations Graphics subscription or product, we consider you
a "member" of the WoburnAlumni.com / Imaginations Graphics
community. Your membership and password are only valid for your
personal, non-commercial use of the Website.
Your
Information. When you register on the Website we may
ask you to provide us with certain personal information about
yourself including, without limitation, your name, address, telephone
number, email or other electronic address and applicable billing
information (e.g., credit card number and expiration date) (collectively,
"Your Information"). For your part, you agree that all
Your Information that you provide to us or post on the Website
is complete, accurate and up to date. You will notify us of any
changes to Your Information. If you fail to update Your Information
or if all or part of Your Information is (or appears to be) untrue,
inaccurate, or incomplete we may suspend or terminate your membership
and refuse any and all current or future use of our Website and
Services, without refund to you of any fees paid.
Without
limiting any of the foregoing, you are responsible for ensuring
that the email address you submit to the Site as part of your
registration and during the course of your membership is valid
and that the services, software or systems you use to access your
email ("email Systems") do not block or filter WoburnAlumni.com
/ Imaginations Graphics Communications. Please note that your
work email may be subject to additional limitations placed on
its use by your employer. We ask that you use your personal email
address when registering as a member. If you choose to register
with your work email, or use an email System that interferes with
the delivery of WoburnAlumni.com / Imaginations Graphics Communications,
we may not be able to provide you with certain Services.
In
order to cooperate with governmental requests, subpoenas or court
orders, to protect our systems, or to ensure the integrity and
operation of our business and systems, we may access and disclose
any information we consider necessary or appropriate, including,
without limitation, Your Information, IP address and traffic information,
usage history, and Content you have posted on the Website.
By
submitting Content you grant us a royalty-free, worldwide, non-terminable,
non-exclusive license to use, reproduce, modify, adapt, edit,
market, publish, store, distribute, have distributed, publicly
and privately display, communicate, publicly and privately perform,
transmit, have transmitted, create derivative works based upon,
and promote such Content (in whole or in part) in any medium now
known or hereafter devised, for editorial, commercial, promotional
and all other purposes including, without limitation, the right
to publish your name in connection with your Content; and the
right to sublicense any or all of these rights.
You acknowledge that WoburnAlumni.com (Imaginations Graphics,
Web Design & Multimedia Productions) owns all right, title,
and interest in any compilation, collective work or other derivative
work created using or incorporating the Content.
Please remember that you are ultimately responsible for all Content
that you provide and you warrant and represent that:
- (i)
the Content does not and will not infringe on any copyright
or any other third party right nor violate any applicable law
or regulation; and
- (ii)
you have the right to grant any and all necessary rights and
licenses provided, including without limitation, all necessary
copyright and other related rights to the Content, free and
clear of all claims and encumbrances without violating the rights
of any person or entity, including any right to privacy or publicity;
and
- (iii)
that each person depicted in any picture or photograph that
you submit as part of the Content, if any, has provided consent
to the use of the photograph. No compensation will be paid for
the use of your Content, including, without limit, any photograph
you may provide.
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The
Website (and all of the material that it contains) is owned by
Imaginations Graphics, Web Design, and Multi Media Productions
or its third party licensors and is protected by intellectual
property and other laws throughout the world. Nothing found on
the Website may be copied, reproduced, republished, distributed,
sold, licensed, transferred or modified without the express written
permission of WoburnAlumni.com. In addition, the trademarks, logos
and service marks displayed on the website are the property of
WoburnAlumni.com or its licensors. If you are aware of material
on the Website that infringes copyright, please contact us through
the Copyright Infringement Policy process, which is described
below.
UNAUTHORIZED
USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING
OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED.
Nothing contained in the Terms of Use or in the materials on the
Website should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any material in any
manner without the prior written consent of WoburnAlumni.com or
such third party that may own the material or intellectual property
displayed on this Website. In addition, use of the content or
materials for any purpose not expressly permitted in the Terms
of Use is prohibited.
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INFRINGEMENT POLICY.
In
compliance with the Digital Millennium Copyright Act ("DMCA"),
WoburnAlumni.com / Imaginations Graphics have established the
procedure outlined below to address alleged copyright infringement
on the Website. If you believe that your work has been copied
and has been posted to this Website in a way that constitutes
copyright infringement, you may provide WoburnAlumni.com / Imaginations
Graphics with notice of your complaint by providing the following
information in writing:
1. the electronic or physical signature of the owner of the copyright
or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that you claim has been
infringed;
3. identification of the material that is claimed to be infringing,
with information about its location reasonably specific to permit
WoburnAlumni.com / Imaginations Graphics to locate the material;
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
6. a statement, made under penalty of perjury, that the above
information in your notification is accurate and that you are
the copyright owner or are authorized to act on the copyright
owner's behalf.
To be effective, your notification must be in writing and include
the above information.
WoburnAlumni.com / Imaginations Graphics, in its sole discretion,
reserves the right to refuse additional Content from members who
have posted allegedly infringing material, and / or delete the
material, or to terminate such members' accounts.
After
receiving a notification, WoburnAlumni.com / Imaginations Graphics
will process and investigate the notification and will take appropriate
actions under the DMCA and other applicable intellectual property
laws. Upon receipt of a notification that complies or substantially
complies with the DMCA (as set forth above), WoburnAlumni.com
/ Imaginations Graphics will act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to
be the subject of infringing activity, and will act expeditiously
to remove or disable access to any reference or link to material
or activity that is claimed to be infringing. WoburnAlumni.com
/ Imaginations Graphics will promptly take reasonable steps to
notify the member that is the subject of the notification that
it has removed or disabled access to such
material.
If
you are subject to a notification, you may provide us with a counter
notification by providing our Designated Copyright Agent the following
information in writing:
1. your physical or electronic signature;
2. identification of the material that has been removed or to
which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled; and
4. your name, address, and telephone number, and a statement that
you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located, or if
your address is outside of the United States, for any judicial
district in which WoburnAlumni.com / Imaginations Graphics may
be found and that you will accept service of process from the
person who provided the initial notification of alleged infringement.
Upon receipt of a proper counter notification under the DMCA (as
set forth above), WoburnAlumni.com / Imaginations Graphics will
promptly provide the person who provided the initial notification
with a copy of the counter notification and inform that person
that it will replace the removed material or cease disabling access
to it in ten (10) business days. Additionally, WoburnAlumni.com
/ Imaginations Graphics will replace the removed material and
cease disabling access to it not less than ten (10), nor more
than fourteen (14) business days following receipt of the counter
notice, unless WoburnAlumni.com / Imaginations Graphics' Designated
Copyright Agent first receives notice from the person who submitted
the initial notification that such person has filed an action
seeking a court order to restrain you fr
om engaging
in infringing activity relating to the material on the Website.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND
AND AGREE THAT:
OUR
WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WOBURNALUMNI.COM
/ IMAGINATIONS GRAPHICS DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF
THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, AND WOBURNALUMNI.COM / IMAGINATIONS GRAPHICS MAKES
NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE,
CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE WILL MEET YOUR EXPECTATIONS. WOBURNALUMNI.COM / IMAGINATIONS
GRAPHICS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE
TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION
OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE
TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST
OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE
SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY.
YOUR
USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. WOBURNALUMNI.COM
/ IMAGINATIONS GRAPHICS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES,
AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS,
AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION
WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WOBURNALUMNI.COM
/ IMAGINATIONS GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A
CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION.
You
shall indemnify and hold harmless, and at WoburnAlumni.com / Imaginations
Graphics' request defend, WoburnAlumni.com / Imaginations Graphics,
its parents, subsidiaries, and affiliates, as well as their respective
directors, officers, shareholders, employees, agents and owners
(each, an "Indemnified Party") from and against any
and all claims, proceedings, damages, injuries, liabilities, losses,
costs and expenses (including reasonable attorneys' fees, an allocation
for in-house counsel, and other legal costs) arising out of your
acts or omissions, including claims resulting from your use of
the Website, your submission, posting or transmission of information
or Content, or any breach of your obligations set forth in this
agreement. You shall reimburse each Indemnified Party on demand
for any costs, expenses and liabilities incurred by such Indemnified
Party to which this indemnit
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