Terms of Use
AGREEMENT BETWEEN USER AND StrayWinds.org
The StrayWinds.org ("SWAN") Web Site is comprised of various Web pages
operated by SWAN.
The SWAN Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the SWAN Web
Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
SWAN reserves the right to change the terms,
conditions, and notices under which the SWAN Web Site
is offered, including but not limited to the charges associated with
the use of the SWAN Web Site.
LINKS TO THIRD PARTY SITES
The SWAN Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
SWAN and SWAN is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked
Site. SWAN is not responsible for webcasting or any
other form of transmission received from any Linked Site.
SWAN is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by SWAN of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SWAN Web Site, you
warrant to SWAN that you will not use the
SWAN Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use
the SWAN Web Site in any manner which could damage,
disable, overburden, or impair the SWAN Web Site or
interfere with any other party's use and enjoyment of the
SWAN Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available or provided for through the SWAN Web
Sites.
USE OF COMMUNICATION SERVICES
The SWAN Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a
group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
SWAN has no obligation to monitor the Communication Services. However,
SWAN reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole
discretion. SWAN reserves the right to terminate your
access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
SWAN reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in
SWAN's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. SWAN does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, SWAN specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and
hosts are not authorized SWAN spokespersons, and their
views do not necessarily reflect those of SWAN.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO SWAN OR
POSTED AT ANY SWAN WEB SITE
SWAN does not claim ownership of the materials you
provide to SWAN (including feedback and suggestions)
or post, upload, input or submit to any SWAN Web Site
or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting SWAN, its affiliated
companies and necessary sub licensees permission to use your
Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. SWAN is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in SWAN's sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE StrayWinds.org WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. SWAN AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SWAN WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE SWAN WEB
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SWAN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SWAN WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SWAN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
SWAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SWAN WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE SWAN WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SWAN WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SWAN WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SWAN OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SWAN WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SWAN WEB SITE.
SERVICE CONTACT :
webmaster@StrayWinds.org
TERMINATION/ACCESS RESTRICTION
SWAN reserves the right, in its sole discretion, to
terminate your access to the SWAN Web Site and the
related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the COMMONWEALTH OF PENNSYLVANIA, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in
Dauphin County, Pennsylvania, U.S.A. in all disputes arising out of or
relating to the use of the SWAN Web Site. Use of the
SWAN Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency
relationship exists between you and SWAN as a result
of this agreement or use of the SWAN Web Site. SWAN's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of SWAN's right to comply
with governmental, court and law enforcement requests or
requirements relating to your use of the SWAN Web Site
or information provided to or gathered by SWAN with
respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and
SWAN with respect to the SWAN Web Site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
SWAN with respect to the SWAN Web Site.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SWAN Web Site are: Copyright 2007
by SWAN and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.