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Our Terms of use explains how you may use this Directory, your responsabilities and ours.

 

Terms of Use

Effective Date: January 24, 2010.

By accessing or using this Directory you (the "User") signify that you have read, understand and agree to be bound by these terms of use ("Terms of Use"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of this Directory after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) this Directory. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

This Membership Directory is intended solely for Members of the Highland Park Conservative Temple - Congregation Anshe Emeth. Any registration by, use of or access to the Directory by anyone who is not a members of the Highland Park Conservative Temple - Congregation Anshe Emeth or staff is unauthorized, unlicensed and in violation of these Terms of Use. By using this Directory, you represent and warrant that you are a Member and that you agree to and to abide by all of the terms and conditions of this Terms of Use.

Registration Information and Account Security

In consideration of your use of this Directory, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this Directory; (b) maintain and promptly update this information, and any other information you provide to the Directory, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

User Conduct

You understand that this Directory is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through this Directory will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use this Directory to:

  1. harvest or collect email addresses or other contact information of other Users from this Directory by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  2. use this Directory in any unlawful manner or in any other manner that could damage, disable, overburden or impair this Directory;
  3. use automated scripts to collect information from or otherwise interact with this Directory;
  4. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  5. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  6. solicit personal information for commercial or unlawful purposes;
  7. upload, post, transmit, share or otherwise make available 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;
  8. intimidate or harass another;
  9. 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 create liability or violate any local, state, national or international law;
  10. use or attempt to use another's account, service or system without authorization from the Directory, or create a false identity on this Directory;
  11. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Directory, is objectionable or which restricts or inhibits any other person from using or enjoying this Directory, or which may expose the Directory or its Users to any harm or liability of any type.

Without limiting any of the foregoing, you also agree to abide by our User Content Code of Conduct that provides further information regarding the authorized conduct of Users on the Directory.

User Content Posted on this Directory

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through this Directory, or transmit to or share with other Users (collectively the "User Content"). You may not post, transmit, or share User Content on this Directory or Service that you did not create or that you do not have permission to post. You understand and agree that the Directory may, but is not obligated to, review this Directory and may delete or remove (without notice) any Service Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Directory violates this Terms of Use, 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 this Directory or provide to the Directory.

When you post User Content to this Directory, 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 this Directory. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Directory 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 this Directory 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. You may remove your User Content from this Directory at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Directory may retain archived copies of your User Content. the Directory 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.

User Content Code of Conduct

This Membership Directory allows you to upload and share User generated content with the members of our Organization, such as photographs you upload from your camera, webcam or mobile phone ("Content"). This means that you may post and share original photographs that are of a personal nature that: (i) are of you or your members, (ii) are taken by you or your members, or (iii) are original art or animation created by you or your members. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our Users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using the Directory, you may not

  1. upload or share any photographs, or other Content other than original works that are created by you or another User
  2. post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
  3. attempt to circumvent any content filtering techniques we may employ

While we believe Users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like the Directory. Therefore, you may not post or share Content that:

  1. is obscene, pornographic or sexually explicit
  2. depicts graphic or gratuitous violence
  3. makes threats of any kind or that intimidates, harasses, or bullies anyone
  4. is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

Although we are not responsible for the conduct of our Users, we want the Directory to be a safe place. Therefore, in using this Directory, you may not:

  1. violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense;
  2. impersonate any person or Organization or otherwise misrepresent yourself, your age or your affiliation with any person or Organization;
  3. use the Directory 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;
  4. use information or content you obtained on the the Directory website or service in any manner not authorized by the Terms of Use;
  5. 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;
  6. 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 this Directory; or
  7. engage in any predatory or stalking conduct.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting onto this Directory any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, 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 this Directory infringes upon any copyright which you own or control, you may send a notification of such infringement via email.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Directory has adopted a policy of terminating, in appropriate circumstances and at the Directory's sole discretion, members who are deemed to be repeat infringers. the Directory may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Service contains (or you may be sent through the Service) links to other web sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through this Directory or any Third Party Content posted on, available through or installed from this Directory, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave this Directory and access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

We care about the privacy of our Users. View the the Directory's Privacy Policy. By using this Directory, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

The Directory is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on this Directory or in connection with this Directory, whether posted or caused by Users of this Directory, by the Directory, by third parties or by any of the equipment or programming associated with or utilized in this Directory. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on this Directory and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on this Directory or in connection with any User Content or Third Party Applications, Software or Content. the Directory is not responsible for the conduct, whether online or offline, of any User of this Directory or Service.

The Service and this Directory may be temporarily unavailable from time to time for maintenance or other reasons. the Directory assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. the Directory is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Service or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with this Directory, including any Mobile Client software. Under no circumstances will the Directory be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of this Directory, any User Content or Third Party Applications, Software or Content posted on or through this Directory or transmitted to Users, or any interactions between Users of this Directory, whether online or offline.

THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Directory reserves the right to change any and all content, software and other items used or contained in this Directory and any Services and Platform Applications offered through this Directory at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Directory.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

The Directory may terminate your membership, delete your profile and any content or information that you have posted on the Service or through any Platform Application and/or prohibit you from using or accessing this Directory or any Platform Application (or any portion, aspect or feature of this Directory or the Service or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a User has died, we will generally, but are not obligated to, keep the User's account active under a special memorialized status for a period of time determined by us to allow other Users to post and view comments.

Governing Law; Venue and Jurisdiction

You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern your use or purchase of products and services and these Terms of USE, and any dispute of any sort that might arise between you and the Directory or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New Jersey, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New Jersey.

Indemnity

You agree to indemnify and hold the Directory, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through this Directory, your use of this Directory, your conduct in connection with this Directory or with other Users of this Directory or any violation of this Terms of Use or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or this Directory ("Submissions"), provided by you to the Directory are non-confidential and shall become the sole property of the Directory. The Directory shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and the Directory regarding the use of the Service, superseding any prior agreements between you and the Directory relating to your use of this Directory. The failure of the Directory to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Terms of Use is held invalid, the remainder of this Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

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