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TERMS OF USE
Scope of Terms of Use
THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR THE DETROIT BRANCH
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ("NAACP")
WEBSITE WWW.DETROITNAACP.COM ("SITE"). PLEASE READ THE
FOLLOWING TERMS OF USE CAREFULLY. THESE TERMS OF USE GOVERN YOUR
USE OF THIS SITE AND ALL APPLICATIONS, SOFTWARE, AND SERVICES AVAILABLE
ON THIS SITE.
Acceptance of Terms
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE
TERMS OF USE AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS,
INCLUDING WITHOUT LIMITATION U.S. EXPORT AND RE-EXPORT CONTROL LAWS
AND REGULATIONS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED
FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE. YOU FURTHER
AGREE TO COMPLY WITH ALL LOCAL LAWS, REGULATIONS AND RULES REGARDING
ONLINE CONDUCT AND ACCEPTABLE CONTENT. YOU REPRESENT YOU HAVE THE
LEGAL AUTHORITY TO ACCEPT THESE TERMS OF USE ON BEHALF OF YOURSELF
OR ANY PARTY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF
USE, DO NOT USE THIS SITE IN ANY MANNER.
Description of Site
"SITE" encompasses the Detroit Branch NAACP's website
and all of its content and policies, any modifications, updates,
enhancements, revisions, new features, and/or the addition of any
new web properties. The Detroit Branch NAACP reserves the right
to make any SITE changes at any time and without prior notice.
Modifications
The Detroit Branch NAACP reserves the right to revise, supplement,
update, delete and change these Terms of Use at any time at its
sole discretion and without notice to you. All Terms of Use changes
are effective immediately upon being posted. Your continued use
of this SITE after any changes to these Terms of Use will mean you
accept those changes. The Detroit Branch NAACP may also change or
impose fees for products and services provided through the SITE
at any time in its sole discretion.
NAACP Privacy Policy
The Detroit Branch NAACP's privacy policy governs the use of information
collected from or provided by you at the SITE. For more information,
see our full privacy policy for this SITE.
Site Ownership
The SITE, including all text, logos or graphic images appearing
therein, and any and all intellectual property rights associated
with this SITE and its contents are the sole property of the Detroit
Branch NAACP, its affiliates or third parties. The content is protected
by copyright and other laws in both the United States and other
countries. Elements of the SITE are also protected by trade dress,
trade secret, unfair competition, and other laws and may not be
copied or imitated in whole or in part. All graphics, icons, and
other items that appear on the SITE are trademarks, service marks,
trade dress and/or copyrighted works ("Intellectual Property")
of the Detroit Branch NAACP, its affiliates or other entities that
have granted the Detroit Branch NAACP the right and license to use
such Intellectual Property and may not be used or interfered with
in any manner without the express written consent of the NAACP.
Except as expressly provided herein, the Detroit Branch NAACP does
not grant you an express or implied right to the Detroit Branch
NAACP's or any third party's Intellectual Property. The information
on the SITE is intended to provide corporate, product, or service
information only and may not be used for any other purposes.
Site Use Restrictions
THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT
FROM THIS SITE IS A VIOLATION OF LAW.
The SITE is for your personal and non-commercial use only. You
will not (i) post on or transmit to the SITE any defamatory, libelous,
obscene, pornographic, profane, threatening, or unlawful materials
or any materials that could constitute or encourage conduct that
would be considered a criminal offense or give rise to civil liability,
whether under statute, common law or equitable principles, or otherwise
violate any law; (ii) copy, reproduce, modify, lease, loan, sell,
create derivative works from, upload, transmit, or distribute the
intellectual property of the SITE in any way without the Detroit
Branch NAACP's or the appropriate third party's prior written permission
or (iii) use the SITE in any manner that violates any applicable
laws, regulations, orders, or other restrictions.
Trademarks and Service Marks
There may be a number of proprietary logos, service marks, trademarks,
slogans and product designations found on this SITE, including but
not limited to: The Detroit Branch NAACP name and seal. Other trademarks
displayed on this SITE through links to other sites are the property
of the respective trademark owners. By making these marks available
on this SITE, the Detroit Branch NAACP does not confer upon you
any of the Detroit Branch NAACP's or any third party's intellectual
property rights. No Detroit Branch NAACP trademark may be used as
a hyperlink without the Detroit Branch NAACP's prior written permission.
Copyright Trademark Notices
All content of the Detroit Branch NAACP's SITE is: Copyright ©
2007 The Detroit Branch National Association for the Advancement
of Colored People. All Rights Reserved.
Indemnification
You agree to defend, indemnify, and hold the Detroit Branch NAACP
harmless from and against any and all claims, damages, costs and
expenses, including attorneys' fees, arising from or related to
your use of the SITE.
Links to Third Party Websites Are Not
Endorsements
This SITE may provide links to other third-party World Wide Web
sites or resources. The Detroit Branch NAACP makes no representations
or warranties whatsoever about any other website which you may access
through this SITE. Because the Detroit Branch NAACP has no control
over such sites and resources, you acknowledge and agree that the
Detroit Branch Detroit Branch NAACP is not responsible for the availability
of such external sites or resources and is not responsible or liable
for any content, advertising, products, services or other materials
on or available from such sites or resources. It is your responsibility
to take precautions to ensure that whatever you select for your
use is free of viruses, worms, Trojan horses and other items of
a destructive nature. References on this SITE to any names, marks,
products or services of any third parties or hypertext links to
third party sites or information are provided solely as a convenience
to you, and do not constitute or imply an endorsement, sponsorship
or recommendation of, or affiliation with the third party or its
products and services. The Detroit Branch NAACP 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 any such third-party content, products or services available
on or through any such site or resource.
Notices and Procedure for Making Claims
of Copyright Infringement
The NAACP will investigate notices of copyright infringement and
take appropriate actions under the Digital Millennium Copyright
Act, 17 U.S.C. § 512(c)(2) ("DMCA"). Pursuant to
the DMCA, written notification of claimed copyright infringement
must be submitted to the following Designated Agent for the Detroit
Branch NAACP in accordance with the DMCA: Detroit Branch NAACP,
Attention DMCA Designated Agent, Detroit Branch NAACP, 2990 East
Grand Blvd., Detroit, MI 48202, info@detroitnaacp.org.
Email/Feedback Property of Detroit Branch
NAACP
You may choose to use email to communicate with the Detroit Branch
NAACP. If you choose to email the Detroit Branch NAACP, know that
the Internet is not secure or private, unauthorized people may be
able to intercept and read the mail you send to the Detroit Branch
NAACP or mail the Detroit Branch NAACP sends to you. Since email
can be used to spread viruses, you should install and maintain virus
protection software on your PC. To the extent permitted by applicable
law, any comments or materials (collectively "Feedback")
sent to the Detroit Branch NAACP including but not limited to questions,
submissions, suggestions, ideas, postings, comments or the like
shall become the property of the Detroit Branch NAACP upon receipt.
The Detroit Branch NAACP shall have no obligation of any kind with
respect to such Feedback and shall be free to modify, copy, perform,
publish, transmit, reproduce, use, exhibit, disclose, display, transform,
copyright, create derivative works, distribute the Feedback to others
and otherwise exploit the Feedback without limitation. Further,
the Detroit Branch NAACP shall be free to use any ideas, concepts,
know-how or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing
and marketing products incorporating such information.
Limitation of Liability
THE DETROIT BRANCH NAACP WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR OTHER DAMAGES CAUSED
BY OR RELATED TO ERRORS, OMISSION, INTERRUPTIONS, DEFECTS, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND
ALL OTHER DIRECT, INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OF USE, STATUTE, REGULATION,
COMMON LAW PRECEDENT OR DOCTRINE, EVEN IF THE DETROIT BRANCH NAACP
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.
IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DETROIT BRANCH NAACP'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING
THE FOREGOING, THE NAACP'S TOTAL LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE
BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF
THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU
PAID TO ACCESS THIS SITE.
THE INFORMATION ON THIS SITE, INCLUDING TEXT, IMAGES, AND LINKS,
AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED
WITH DETROIT BRANCH NAACP, WHICH YOU MAY VISIT THROUGH THE SITE,
IS PROVIDED "AS IS" BY DETROIT BRANCH NAACP AS A CONVENIENCE
TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO
YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS
OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT;
(IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; (VII) THAT ANY DEFECTS OR ERRORS IN
THE SITE WILL BE CORRECTED; (VIII) THAT THE SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE
OR SOFTWARE PLATFORM. EFFORTS BY DETROIT BRANCH NAACP TO MODIFY
THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
Governing Law
These Terms of Use are entered into and granted in the State of
Maryland and shall be governed by and interpreted pursuant to the
laws of the State of Maryland, United States of America, excluding
any law or conflicts or law principle that would apply the law of
another jurisdiction, and excluding the Maryland Uniform Computer
Information Transactions Act. You expressly agree that the exclusive
jurisdiction for any dispute, controversy or claim arising out of
or in connection with these Terms of Use shall be filed only in
the federal or state court with competent jurisdiction located in
Baltimore, Maryland. You consent to the exercise of personal jurisdiction
by such courts in any such action. If any part of these Terms and
Conditions is unlawful, void, or unenforceable, that part will be
deemed severable and will not affect the validity and enforceability
of any remaining provisions.
Entire Agreement
These Terms of Use constitute the entire agreement between you
and the Detroit Branch NAACP and govern your use of the SITE, superceding
any prior agreements between you and the Detroit Branch NAACP relating
to your use of this SITE.
Use of Communication Services
The Detroit Branch NAACP SITE may in the future 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.
The Detroit Branch NAACP has no obligation to monitor the Communication
Services. However, the Detroit Branch NAACP reserves the right to
review materials posted to a Communication Service and to remove
any materials in its sole discretion. The Detroit Branch NAACP reserves
the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
The Detroit Branch NAACP 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 the Detroit Branch NAACP's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or other people in any Communication Service. The
Detroit Branch NAACP does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
the Detroit Branch NAACP specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service.
By posting, uploading, inputting, providing or submitting your
submission to the Detroit Branch NAACP, you are granting the Detroit
Branch NAACP, 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. The Detroit Branch NAACP is under no obligation
to post or use any submission you may provide and may remove any
submission at any time in the Detroit Branch NAACP'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.
Message Boards
The Detroit Branch NAACP does not monitor message boards hosted
on its SITE. The content of message boards is the sole responsibility
of the person supplying the content, and the Detroit Branch NAACP
assumes no liability related to the content of such boards. All
messages posted on Detroit Branch NAACP message boards are non-confidential
and will be treated as such.
Termination
The Detroit Branch NAACP reserves the right to terminate at any
time, at its sole discretion, the SITE and/or your use of the SITE.
Unlawful or Prohibited Use
Possible evidence of use of this SITE for illegal purposes will
be provided to law enforcement authorities. Please report any violations
of these Terms of Use to the Detroit Branch NAACP at info@detroitnaacp.org.
Service Contact
info@detroitnaacp.org
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