1. Acceptance of Terms
Medford Celebrates Foundation, Inc. (“MCF”) provides this website (“Site”) and its services (the “Services”) subject to the following Terms of Service which may be updated by MCF from time to time without notice to you. Please check the Terms of Service periodically for changes. If you do not agree to the Terms of Service, please do not use this Site. By using this Site, you acknowledge that you are 18 or older and agree that you have read, understood and agree to these Terms of Service. Your continued use of this Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
The content of this Site, including text, graphics, images and other material contained on this Site (“Content”) is for informational purposes only. Reliance on any information provided on this Site is solely at your own risk.
4. Third Party Sites
This Site provides links to other websites on the Internet. MCF makes no representations whatsoever about these other websites. The provision of links to other websites on the Internet should not imply MCF’s endorsement of any such websites or any association with these other sites’ operators. These websites are not under the control of MCF, and you acknowledge that MCF is not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that MCF shall not be 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 the content, goods or services available on or through any websites linked to this Site.
5. Proprietary Rights
You acknowledge and agree that all Content available on this Site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and MCF, MCF is the owner of all such Content. You may not reproduce, distribute, republish, retransmit, sell, license, rent, modify, publicly display, or publicly perform such Content or other information or materials. Notwithstanding the above, you may print or download one copy of the Content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MCF is prohibited.
6. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Submissions”), sent by e-mail on this Site or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you and not MCF are entirely responsible for all Submissions that you email or otherwise transmit via this Site.
You agree to not use this Site to:
a. email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge any TCP/IP packet headers or any part of the header information or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this Site;
e. email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. email or otherwise transmit any Submissions, including metatags, that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
i. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
j. circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
k. attempt to probe, scan, or test the vulnerability of any MCF system or network or breach or impair or circumvent any security or authentication measures protecting the Site or the services;
l. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the services; or
m. collect or store personal data about other users.
7. Disclaimer of Warranties
ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MCF DOES NOT WARRANT THAT THE CONTENT OR ANY SEARCH RESULTS ARE COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT IT WILL BE SUCCESSFUL IN EFFECTING REMOVAL OR ALTERATION OF ANY CONTENT ABOUT A MEMBER OR NAMED PARTY; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MCF BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. MCF SHALL BE LIABLE TO YOUR ONLY TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MCF’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold MCF harmless from any claim or demand, including attorneys’ fees, made by any third party due that arise from your use or misuse of this Site including, without limitation, your disclosure or submission of any information that is incomplete or inaccurate. MCF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MCF in asserting any available defenses.
10. International Use
MCF makes no representation that Content on this Site is appropriate or available for use in locations outside the United States, and accessing them from territories where the Content is illegal is prohibited. If you access this Site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Copyright Policy
MCF respects the intellectual property rights of others and expects visitors to this Site to do the same. MCF will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
MCF’s designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Robert Egan, 609-519-0841, firstname.lastname@example.org
12. Modifications to Service
MCF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or some or all of the Services offered through this Site, with or without notice. You agree that MCF shall not be liable to your or to any third party for any modification, suspension or discontinuance of this Site or some or all of the Services offered through it.
13. Choice of Law and Forum
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Service or your use of this Site shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
14. Severability and Integration
This agreement constitutes the entire agreement between you and MCF with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and MCF with respect to this Site. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
MCF may terminate or suspend your access to the Site and Services and remove any content or materials from the Site in the event you breach these Terms of Service. MCF also reserves the right, in its sole discretion, to terminate your access to all or part of this Site or Services, without cause, with or without notice, in which event all licenses granted to you hereunder shall terminate, and MCF shall have no obligation to make this Site available to you or to provide you any services.
All provisions of these Terms of Service, which by their nature or express terms are or ought to survive termination, shall so survive.