Memory Lane, Inc., d/b/a Classmates.com
Last Updated: July 11, 2012
In addition, when using particular Services, you shall be subject to additional terms and any posted guidelines or rules applicable to such Services that may be posted from time to time. All such additional terms, guidelines or rules are hereby incorporated by reference into these Terms of Service. If any terms contained in these Terms of Service conflict with any terms contained within such additional terms, guidelines or rules then the terms in these Terms of Services shall control.
If you have any questions regarding the use of the Services please refer first to the Help Section of the Website. All other questions or comments about the Website or its contents should be directed to Member Care
1. BECOMING A MEMBER OF AND REGISTERING FOR THE SERVICES. A. Accessing the Services and Becoming a Member.
THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. While there are parts of the Services where access requires the purchase of an All Access Pass and/or the payment of a fee (Paid Services), there is no cost to register to become a member of the Services. If you are merely surfing or browsing through the Services and have not yet registered to become a member, your use of the Services is still subject to the Terms of Service; if you do not agree to the Terms of Service, do not use the Services. The specific Services available to you will vary depending upon (1) whether you register as a member, (2) the community affiliation(s) to which you have self-identified, and (3) whether or not you choose to purchase Paid Services. Your use of the Services may also be subject to additional terms outlined elsewhere in these Terms of Service (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 Paid Services, we consider you a "member" of the Services. Your membership and password are only valid for your personal, non-commercial use of the Services. B. Your Information.
Without limiting any of the foregoing, you are responsible for ensuring that the email address you provide to us 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 Communications (as defined below). 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 Communications, we may not be able to provide you with certain Services.
. C. Your Password.
During the registration process we will provide you with a unique registration number. We will also either ask you to create a password or assign you a random password, which you can change at any time by logging onto the "Account" or similar section of the Services. Because any activities that occur under your registration number or password are your responsibility, it is important for you to keep your registration number and password secure. Notify us immediately if you believe that someone has used your registration or password without your authorization. D. Communications.
2. MEMBER CONDUCT. A. Community Guidelines.
The Services contain areas that enable members to communicate and share information, such as email, message boards, forums and other areas where you may interact with other members through posting or sharing of Content (as defined below) (collectively the "Communication Tools"). When you use the Communication Tools, you may have the opportunity to disclose, post, or otherwise upload to publicly accessible portions of the Services, or share with other members, information and other content, including but not limited to biographical information, photographs and stories (collectively, "Content"). While we may provide you with these Communications Tools and opportunities, we also wish to remind you that you should choose carefully what information you post via the Services and that you share with other members.
You are required to use the Communication Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post on or send through the Services. We have established some "Community Guidelines" that are intended to increase your awareness of your responsibilities to others when using the Communication Tools and will enhance your enjoyment of the Services. In addition to your adherence to the Community Guidelines, you specifically agree to comply with all applicable laws, including without limitation applicable laws concerning the transmission of technical or other data exported from the United States or your country of residence.
The following Community Guidelines apply to and govern your use of the Communication Tools:
- Do contribute responsibly in the forums;
- Do treat others in the community with respect;
- Do let us know if you come across Content that you find offensive, possibly unlawful, or that you believe otherwise violates these Community Guidelines;
- Don't upload, post, email, transmit or otherwise make available ("Provide") any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
- Don't Provide any Content that encourages a criminal offense or infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party;
- Don't impersonate anyone or misrepresent your affiliation with any third party, including without limitation any person, association, group or entity;
- Don't participate in any unauthorized or unsolicited promotions, advertising, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, or otherwise use the Services for any commercial purpose;
- Don't violate any applicable local, state, national and international law or regulation;
- Don't Provide any correspondence from us or any third party without such third party's permission;
- Don't interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment;
- Don't harass others;
- Don't use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the friend or acquaintance.
- Don't try to gain unauthorized access to the Services, other members' accounts, or computers connected to the Services;
- Don't post telephone numbers, street addresses, last names or email addresses in Content that is publicly accessible on the Services; and
- Don't post URLs (web addresses) in Content that is publicly accessible on the Services, except on our message boards and interest groups, but then only if such URLs don't link to pornographic or inappropriate content, websites that promote the commercial gain of your or others with whom you are affiliated, websites that provide services similar to those offered by us, or any other content or information that violates these Community Guidelines.
B. Monitoring and Enforcement. We do not actively monitor the message boards and other Communication Tools or the Content that is provided through such Communication Tools, nor are we obligated to do so. Since we don't, and may not have the ability to, control or actively monitor the Content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Services, you may be exposed to Content that you find offensive or objectionable. You can contact Member Care to let us know of Content that you find objectionable. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating memberships. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove Content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Services that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content.
3. SUBMITTING OR POSTING CONTENT.
When you participate on the Services you are granting us certain rights to use the Content you submit or post through the Services or allow us to obtain from third parties to include in the Services. You hereby grant us a royalty-free, worldwide, perpetual, irrevocable, 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. By submitting Content, you acknowledge that you grant us the foregoing rights and we own 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 of your Content and you warrant and represent that: (i) the Content does not and will not infringe, misappropriate or otherwise violate the copyright or other intellectual property right or other right of any third party nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses granted in this Section 3, 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 third party, including any right to privacy or publicity; and (iii) each person depicted in any picture or photograph that is part of your Content, if any, has provided consent to the use of their image or likeness in the photograph. No compensation will be paid for the use of your Content.
4. OUR PROPERTY RIGHTS.
The Services, and all of the content, information and other material that they contain ("Materials") are owned by us, or our third party licensors, and are protected by intellectual property and other rights and laws throughout the world. Subject to your compliance with these Terms of Service, we grant you a limited, revocable, non-exclusive license for the period of your membership to use, reproduce and view any materials available on the Services by us for the sole purpose of using the Services. Aside from this limited license, nothing found on the Services maybe copied, reproduced, republished, distributed, sold, licensed, transferred or modified without our express written permission. In addition, the trademarks, logos and service marks displayed on the Services are our property or the property of our licensors. If you are aware of Materials on the Services that infringes the copyright or other right of a third party, please contact us through the Copyright Infringement Policy process, which is described below.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SERVICES IS PROHIBITED. Nothing contained in these Terms of Service or in the Materials on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Materials in any manner without our prior written consent or the written consent of such third party that may own the Materials or intellectual property displayed on the Services. In addition, any use of the Materials for any purpose not expressly permitted in these Terms of Service is prohibited.
5. AVAILABILITY OF SERVICES.
We do not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by others to obtain access to the Services (by way of example only, Internet service providers or airtime charges) and for obtaining the equipment necessary to access the Services. From time to time we may modify, suspend or discontinue any of the Services without notice to you. We shall not be liable to you for any modification, suspension or discontinuance of the Services. We may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through the Services and the number of days that these items will be retained on our systems. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
6. THIRD-PARTY OFFERS.
We may allow other companies to offer you products and services, including offers through the Services. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that we shall not be liable for any costs or damages you may incur resulting from your decision to enter into such transactions.
7. LINKING TO OR FROM THE SERVICES.
You cannot link to the Services without our prior written consent. While the Services may have links to the websites of third parties, we have no control over those websites. We are not responsible or liable for any content, advertising, products, services, information or other materials on or available from those websites. We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on those websites.
You may terminate your membership at any time by contacting Member Care
. If you have a dispute with us relating to the Services, you may cancel your membership or cease use of the Services. The cancellation of your membership or ceasing all use of the Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you have purchased Paid Services from us, any such termination or cancellation is subject to the refund policy described in the Additional Terms. From time to time certain members do not comply with the terms and conditions in these Terms of Service. If we determine, in our sole discretion, that you are not in compliance with these Terms of Service, we reserve the right to terminate your membership. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership and all related information and/or bar any further access to your membership, Content or information.
, which is incorporated herein by reference, that you should read to fully understand how we collect and use information.
10. COPYRIGHT INFRINGEMENT POLICY.
In compliance with the Digital Millennium Copyright Act ("DMCA"), we have established the procedure outlined below to address alleged copyright infringement on the Services. If you believe that your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by providing our Designated Copyright Agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
- your name, address, telephone number, and email address;
- 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
- 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. Our Designated Copyright Agent to receive your notification is:
Name of Agent: Intellectual Property Manager
Address: 333 Elliott Avenue W, Seattle, WA 98119
Telephone Number of Designated Agent: (206) 301-5700
Facsimile Number of Designated Agent: (206) 301-5795
Email Address Designated Agent: email@example.com
We, in our sole discretion, reserve the right to refuse additional Content from members who have posted allegedly infringing material, delete the material, and/or to terminate such members' accounts.
After receiving a notification, we 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), we 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. We 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:
- your physical or electronic signature;
- 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;
- 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
- 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 we 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), we will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that we will reinstate the removed material or cease disabling access to it in ten (10) business days. Additionally, Memory Lane 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 our 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 from engaging in infringing activity relating to the material on the Services.
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM 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, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND WE MAKE NO WARRANTY THAT THE INFORMATION ON THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DISCLAIM 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 SERVICES, 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.
12. LIMITATIONS OF LIABILITY.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR PARENTS, SUBSIDIARIES AND OTHER 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 SERVICES, EVEN IF WE HAVE 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.
You shall indemnify and hold harmless, and at our request, defend us, our parents, subsidiaries, and other 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 Services, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in these Terms of Service. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
14. CHOICE OF LAW & VENUE.
These Terms of Service, your access to and use of the Services and the relationship between you and us is governed by the laws of the State of Washington, without giving effect to its conflict of law provisions. We and you both agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Washington. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in our sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. COPYRIGHT AND TRADEMARK NOTICE.
The Services and their contents are copyrighted (c) 1995 - 2012 Memory Lane, Inc. All rights reserved. MEMORY LANE, MEMORYLANE.COM, STEP BACK IN TIME, CLASSMATES, CLASSMATES.COM, SCHOOLFEED, and all the brands of our products and Services shown herein are our registered or unregistered trademarks. Other trademarks belong to their respective owners..
16. MISCELLANEOUS TERMS.
Our relationship is not one of agency or partnership and neither you nor we shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party. The terms and conditions in these Terms of Service are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other provisions. If we fail to enforce any provision of these Terms of Service it shall not constitute a waiver of such provision. These Terms of Service may be modified only by our posting of changes to these Terms of Service on the Website. Each time you access the Services, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under these Terms of Service. These Terms of Service will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Service, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. These Terms of Service, the Additional Terms below, the attachments there to, and the documents incorporated by reference herein, constitute the entire understanding between us regarding your access to, license and use of the Services, and they supersede any prior agreements, statements or representations with respect to the same.
ADDITIONAL TERMS ALL ACCESS PASS AND OTHER PAID SERVICES
Access to some Services requires the purchase of Paid Services. If you elect to purchase Paid Services you understand that your paid account is personal to you, and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your paid account without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Paid Services, with or without prior notice to you.. 1. Terminating Paid Services.
You may terminate Paid Services at any time by contacting Member Care via email using the email form found here
. The cancellation of Paid Services is your only remedy with respect to any dispute you may have with us relating to the Paid Services. Please remember that if we determine, in our sole discretion, that you are not complying with these Terms of Service, we reserve the right to terminate your Paid Services. Upon any termination of your Paid Services, we may immediately deactivate or delete your membership and all related information and/or bar any further access by you to the Services through any and all available means. Any termination of your Paid Services is subject to the no-refund policy described below. 2. Payment.
Prices for all Paid Services are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Paid Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for Paid Services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that you may incur as a result of our processing of your payment. 3. Refund Policy.
All fees relating to Paid Services, including the initial fees and any subsequent automatic renewal fees (as further described below) for an All Access Pass, are non-refundable. 4. Automatic Renewal Program.
Upon your acceptance of an offer for the purchase of an All Access Pass or any other subscription-based Paid Services , you will be enrolled in our automatic renewal program to help ensure that there is no interruption of your paid member privileges. Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased (unless otherwise stated in the offer you accepted). Unless you take the necessary steps to remove yourself from our automatic renewal program, at the time of each such renewal you authorize us to charge your credit card (or other payment method) at the then-current, non-promotional price for the renewal of your subscription-based Paid Services. If you no longer want to be enrolled in our automatic renewal program, you can change your renewal status at any time by logging onto the Account
or similar section of the Website, clicking on "Account & Billing", and changing your renewal option from "automatic" to "manual". Please note that changing your renewal option in this way will only stop future automatic renewals of your subscription and will not impact any automatic renewals that occurred prior to the date of your status change.
EVENT OR REUNION ORGANIZER
We provide certain Services that allow you, if you so choose, to organize an event or reunion (an "Event Organizer"). Your registration as an Event Organizer and use of the event and reunion related Services indicate your acknowledgement and acceptance of these Event or Reunion Organizer Additional Terms, along with the rest of these Terms of Service.
1. Becoming an Event Organizer. To become an Event Organizer you must be a current member of the Services. By choosing to act as an Event Organizer you further agree and acknowledge that you are not an agent, representative or partner of ours, that the actions you take as an Event Organizer are solely your own and that you are personally liable for any action or failure to act on your part.
2. Purpose. You acknowledge and agree that the sole purpose for becoming an Event Organizer and your use of the planning tools is to actively facilitate an event or reunion. By using the planning tools and establishing an event or reunion, you are agreeing to organize and hold the event or reunion and otherwise complete the transaction as described. You acknowledge that your failure to fulfill your obligations under these Event or Reunion Organizer Additional Terms and the Terms of Service, whether by your action or inaction, may be legally actionable.
3. Planning Tools. On its own or through third party service providers, we may provide Event Organizers with access to certain tools, services and information related to organizing and facilitating events and reunions via the Services. Some resources may include reference to professional reunion planners who have paid us a fee for an advertised listing on the Services ("Professional Reunion Planners"). Professional Reunion Planners are not in any way affiliated with us, and any references to them on the Services should not be construed as an endorsement by us of any services provided by them. Whether you decide to use any services offered by a Professional Reunion Planner is up to you. Your participation in any of the services offered by a Professional Reunion Planner, including payment and delivery of services and the terms, conditions, warranties or representations associated with such services, is solely between you and the Professional Reunion Planner. You agree that we shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
4. Refunds. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY REFUNDS OR FEES RELATING TO YOUR EVENT OR REUNION, AND THAT WE WILL NOT IN ANY WAY BE LIABLE OR RESPONSIBLE FOR PROVIDING ANY REFUNDS WHATSOEVER. YOU RELEASE US AND OUR PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS, FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE RELATING TO YOUR USE OR NON-USE OF THE REUNION PLANNING TOOLS, INCLUDING, WITHOUT LIMIT, ANY REFUNDS, CHARGEBACKS OR OTHER FEES.
5. Your Representations and Warranties. You warrant and represent that you have full power and authority to act as an Event Organizer for your group. You also warrant and represent your offer and sale of access to any event or reunion you promote on the Services does not violate any local, state or federal laws, including, without limit, consumer protection laws. Any misrepresentation or violation of this provision shall be considered a material breach of these Event or Reunion Organizer Additional Terms and the Terms of Service.
6. Supporting Your Reunion Event. Each Event Organizer is required to provide and maintain accurate and timely information for any planned events or reunions. You agree to keep this information up to date for the duration of your involvement as an Event Organizer.
8. Compliance with Laws. The Services that we provide to Event Organizers may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of these Services, including, without limit, all laws pertaining to consumer protection. You may not register under a false name, false school or work affiliation, or impersonate any individual. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
9. Termination. We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate these Event or Reunion Organizer Additional Terms and the Services that relate hereto. In addition, we may immediately and without notice, suspend or terminate your registration as an Event Organizer if we determine in our sole discretion that you have breached these Additional Terms or the Terms of Service, or you have otherwise conducted yourself in a manner that we believe is inappropriate.
EVENT OR REUNION ATTENDEE
We act as a venue that provides various Services related to events and reunions. As part of these Services, individual members of the Services may choose to register as Event Organizers to create, organize and manage reunion-related events, including events that you may choose to attend in person (collectively, "Events"). We do not authenticate the identity of any Event Organizer, nor do we control or actively monitor the Event Organizer's actions or inaction. We do not have any control over the products or services that may be offered for purchase by an Event Organizer. 1. Event Participation.
Whether or not you decide to participate in an Event is up to you. We do not verify, monitor, control or supervise Events, nor can we ensure that the Event Organizer you are dealing with will actually complete the transaction. The Events are established, organized and managed by the Event Organizer. Because we have no control over any Event, the identity or actions of the individuals who may attend an Event, or the representations they may make through the Services, we request that you use sound judgment and appropriate caution when deciding whether to attend an Event. 2. Release.
YOU, FOR YOURSELF AND YOUR HEIRS AND EXECUTORS, HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE US AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AND THIRD PARTY PARTNERS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN AN EVENT OR ANY DISPUTE THAT YOU MAY HAVE WITH A REUNION CONTACT, EVENT ORGANIZER OR ATTENDEE. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY EVENTS THAT YOU MAY CHOOSE TO ATTEND. BECAUSE WE DO NOT PROVIDE, NOR ARE WE INVOLVED IN ANY WAY WITH, PHYSICAL TRANSPORTATION TO OR FROM EVENTS OR WITH THE ACTION OR FAILURE TO ACT OF AN EVENT ORGANIZER OR ANY INDIVIDUAL WHO MAY ATTEND AN EVENT, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR IN CONNECTION WITH THE EVENT, INCLUDING WITHOUT LIMITATION WHILE YOU ARE TRAVELING TO OR FROM THE EVENT, DURING THE EVENT OR WHILE YOU ARE ON THE PREMISES OF THE EVENT. YOU UNDERSTAND THAT THIS WAIVER INCLUDES ANY CLAIMS, WHETHER CAUSED BY NEGLIGENCE, THE ACTION OR INACTION OF ANY OF THE ABOVE THIRD PARTIES, OR OTHERWISE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE ADDITIONAL TERMS AND THE TERMS OF SERVICE, AND THAT WITHOUT SUCH WAIVER, WE WOULD NOT HAVE ENTERED INTO THESE ADDITIONAL TERMS AND THE TERMS OF SERVICE. 3. Refunds.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE EVENT ORGANIZER IS SOLELY RESPONSIBLE FOR ANY REFUNDS OF YOUR REGISTRATION FEES, AND THAT WE WILL NOT IN ANY WAY BE LIABLE OR RESPONSIBLE FOR PROVIDING ANY REFUNDS WHATSOEVER. YOU RELEASE US FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE RELATING TO ANY SUCH REFUNDS.
From time to time we may, at our discretion, offer limited free trials of some products or Paid Services. To view the details of your free trial, if any, please visit your "Account" page.
Only one free trial may be redeemed per person per membership type. Upon registering for your free trial, your credit card (or other payment method) will be authorized for the price of the membership. In some instances, your available balance or credit limit may reflect the authorization for the amount of the membership; however, no charges will be made to your credit card if you cancel the free trial prior to the end of your free trial period.
We will begin charging your credit card for your specific membership at the end of your free trial period. Visit your "Account" page to view the end date of your free trial period. You must cancel prior to the end of your free trial period to avoid charges to your credit card (or other payment method). If you stay enrolled in our auto-renewal program, we will bill your credit card at the end of each subscription period until you cancel in order to provide you with continued use of your Paid Services, as further described in the All Access Pass and Other Paid Services Additional Terms.