Terms of Use
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on July 28, 2009.
This Terms of Use Agreement sets forth the standards of use of the orgLib Online Service. orgLib ("us" or "we" or "the Site") provides its services to you subject to the following conditions. By using the orgLib.com website you (the Member or User) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at orgLib.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Description of Service
orgLib is providing Member with a free Content Management System to create, add, share and access online contents as well as organize the contents in pages, albums and lists. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Members access to the Internet, and (3) pay any fees relate with such connection.
- Eligibility
This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the services of the Site, you represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement.
- User-generated Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not orgLib, are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. orgLib does not control the Content posted on the Site, and as such, we cannot guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements or comments. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will orgLib 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 any Content posted, emailed, transmitted or otherwise made available on the Site. Furthermore, the Content available on the Site may contain links to other websites, which are completely independent of orgLib. orgLib makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any Content.
- Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the orgLib website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.
- Inappropriate Content.
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong on a site like orgLib. Therefore, you may not post or share Content that:
- is obscene, pornographic, or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
- Unlawful or Harmful Content or Conduct
All of the Content on orgLib.com is posted and offered by other users. Although, as an online service provider, we are not responsible for the content of other users, we want orgLib to be a safe place on the Internet. Therefore, in using orgLib, you may not:
- impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
- violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense
- use orgLib to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- post or share any personally identifiable or private information of any third party
- solicit passwords or personal information from anyone
- use information or content you obtained on the orgLib website or service in any manner not authorized by the orgLib Terms of Use
- post 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
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
- engage in any predatory or stalking conduct
- Submitting Material
Each time you submit Material to this Site you represent and warrant that you have the right to post it, which means:
- you are the author of the Material, or
- the Material is not protected by copyright law, or
- you have express permission from the copyright owner to post the Material on this Site.
You also represent and warrant that the information you submit is accurate. You further represent and warrant that the Material you submit does not violate these Terms of Use, that it will not cause injury to any person or entity, and that it does not violate any third party's proprietary, statutory, or common law rights.
- No Posting of Third-Party Copyrighted Content
orgLib allows you to upload and share user-generated Content, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and video that: (i) are of you or your business or products, (ii) are taken by you, or (iii) are original art or animation created by you. This Site is not intended as a place for you to post third-party copyrighted content, such as the latest episode of a popular TV show or your favorite music video. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using orgLib, you may not:
- upload or share any photographs, videos, or other Content other than original works that are created by you or another user
- post or share any Content that infringes upon or violates the copyright, trademarks, or other rights of any third party
- attempt to circumvent any content filtering techniques we may employ
- Third-Party Sites
orgLib may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.
- Disclaimer of Warranties.
The site is provided by orgLib on an as is and on an as available basis. To the fullest extent permitted by applicable law, orgLib makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. orgLib shall have no liability for any interruptions in the use of this Website. orgLib disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- User Content Posted on the Site
orgLib does not claim ownership of Content you submit or make available for inclusion on the Site. You are solely responsible for the photos, text, information, music, video, advertisements, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that orgLib may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of orgLib violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to orgLib.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to orgLib an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or orgLib removes such Content from the Service. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that orgLib may retain archived copies of your User Content. orgLib does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
- Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to orgLib by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of orgLib and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- You Are Responsible For Your Content
You are solely responsible for the creation, use, and content of your orgLib Advertising Campaign and the URL you choose to be associated with your orgLib Advertising Campaign (your "orgLib URL").
- No Spam Policy
You understand and agree that sending unsolicited email advertisements to orgLib users or through orgLib computer systems, which is expressly prohibited by these Terms of Use, will use or cause to be used servers located in California. Any unauthorized use of orgLib computer systems is a violation of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
- Limitation of Liability
ORGLIB SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ORGLIB SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ORGLIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
- Indemnification
Member agrees to indemnify and hold orgLib, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
orgLib reserves the right to modify or discontinue the Service with or without notice to the Member. orgLib shall not be liable to Member or any third party should orgLib exercise its right to modify or discontinue the Service. Member acknowledges and accepts that orgLib does not guarantee continuous, uninterrupted or secure access to orgLib and operation of orgLib may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information provided by the Member or collected by the Member from publicly available sources. While orgLib makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
orgLib makes no warranties or representations whatsoever with regard to any product provided or offered by any Member, and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk.
- Governing Jurisdiction of the Courts of Washington State
orgLib is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that orgLib or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit 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.
- Communications and Postings
Visitors may post comments, send communications, post submissions and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. orgLib reserves the right (but not the obligation) to remove or edit such content.
- Unauthorized User Conduct
You agree to not use the Service or the Site to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an orgLib official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post or otherwise transmit any Content 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);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post 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;
- Upload, post, transmit, share, store or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise violate any local, state, national or international law;
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- "Stalk" or otherwise harass another individual or business;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Create or submit unwanted e-mail or messaging ("Spam") to any other orgLib user.
- Use any portion of the Site as a destination linked from any Spam;
- Solicit passwords or personally identifying information for unlawful purposes;
- Use or attempt to use another's account, service, or system without authorization from orgLib, or create a false identity on the Service or the Site.
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
- Use any automated process or service to access and/or use the Site (such as a BOT, a spider, periodic caching of information stored by orgLib, or "meta-searching");
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site;
- Damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone's use and enjoyment of the Site; or
- Resell or redistribute the Site or any part thereof.
- Botnets
orgLib retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, orgLib reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by orgLib, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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