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Website Terms of Use Agreement
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Read this Terms of Use Agreement before accessing or using
MYYEARBOOKBUILDER.COM.
Effective Date: This Terms of Use Agreement was last updated on Tuesday, September 1, 2009.
Welcome to MYYEARBOOKBUILDER.COM, the online resource for building digital
high school yearbooks, operated independently by Odyssey Interactive, L.L.C
(“Odyssey Interactive”).
By accessing MYYEARBOOKBUILDER.COM (the “Website”), you unconditionally
agree to the following terms and conditions (this “Agreement”), regardless
of whether you are or you are not a register member of MYYEARBOOKBUILDER.COM
(“User”). If you wish to become a User and make use of Odyssey Interactive’s
Website and service (the “Service”), please read the following terms and
conditions, carefully. If you do not agree to any or all of the terms and
conditions in this Agreement or those found in the website Privacy Policy,
do not use the Website or the Service.
Odyssey Interactive 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 on the
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.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT
(a) This Agreement is an electronic contract that sets forth the terms of
use for the Website and your use of the Service. This Agreement includes
Odyssey Interactive’s Acceptable Posting Policy, Odyssey Interactive’s
Privacy Policy and Odyssey Interactive’s Usage Policy. By accessing the
Website and/or becoming a registered User of the Service, you accept this
electronic Agreement and agree to the terms, conditions and notices
contained herein.
(b) By accessing the Website and/or becoming a registered User, you consent
to having this Agreement provided to you in this electronic format.
(c) You do have the right, at any time and for any reason, to withdraw your
consent to this Agreement; please send your withdrawal of consent request
directly to Odyssey Interactive via email at
customerservice@odysseyinteractive.com. Should you choose to withdraw
your consent to this Agreement, however, we will discontinue your user name
and password, and also delete all account information. This means that you
will not have the right or ability to use the Service. You may again re-join
the Service by creating a new user name and password, provided you again
agree to the current terms and conditions for the Website.
2. ELIGIBILITY
(a) The Website is a restricted and closed access community. To use the
Website and the Service, you must be an authorized student attending a
registered high school and also be between the ages of 13 and 19 years old,
or be a certified member of the faculty, staff or administration personnel
at the same registered high schools. Use of the Website and the Service is
void where prohibited by law. By using the Website, you represent and
warrant that you do have the right, authority and capacity to enter into
this Agreement and to abide by all of the terms and conditions of this
Agreement.
3. MEMBERSHIP AND PRICING
(a) Once your high school is registered and an eYearbook has been opened for
your individual high school, you may become a User of the Website and
Service at no cost. As a general student-level User, you will have the
ability to participate in all of the features and services available within
the Website; this participation, however, does not include features and
services reserved for the high school eYearbook administrator(s).
(b) A payment to Odyssey Interactive is only required if you choose to
receive a copy of the final eYearbook. As a registered User, you are not
required or obligated to purchase your high school’s eYearbook. However,
Odyssey Interactive reserves the right to remove any and/or all
non-purchasing student portraits from the final production.
(c) Your membership in and also use of the Service will automatically expire
on June 31st of each calendar year. Starting July 1st of each calendar year,
Odyssey Interactive may delete from our database all information, portraits,
content, postings and materials related to your high school’s eYearbook
account.
4. TERM
(a) This Agreement will remain in effect while you access the Website and/or
are a User of the Service. You may terminate your use at any time, by
following the instructions in “My Account” settings.
(b) If a User terminates a student-level account, that student account
access will be removed in its entirety by close of business day. If a
registered high school chooses to terminate the admin-level account, that
school’s access will be removed within 3-5 business days, along with all
Website and Service access, rights and privileges. All student-level
accounts are deleted when admin-level access is terminated. High schools
that terminate admin-level account access may only re-access the Website and
use the Service by submitting a new customer registration. Please refer to
“Start a Yearbook”.
(c) Odyssey Interactive may terminate your Website access and/or use of the
Service by sending notification to you at the email address you provide in
your registration, or such other email address as you may later provide to
Odyssey Interactive. If Odyssey Interactive terminates your Website access
and/or use of the Service because you have breached this Agreement, you will
not be entitled to any refund of prepaid or unused fees. All decisions
regarding the termination of registered accounts shall be at the sole
discretion of Odyssey Interactive. Odyssey Interactive is not required to
provide you notification prior to terminating your access and/or use of
Service.
5. NON-COMMERCIAL USE RESTRICTIONS
(a) The Website is for the personal and private use of registered high
schools and their authorized Users, and may not be used in connection with
any commercial business. Illegal and/or unauthorized uses of the Website may
be investigated, and appropriate legal action will be taken.
(b) Use of the Website is with the permission of Odyssey Interactive, which
may be revoked at any time, and for any reason, in Odyssey Interactive’s
sole discretion.
6. USER ACCOUNT SECURITY
(a) All registered high schools shall receive a school code and school
password for Website access and Service use, along with an administrator
account and password. All individual Users will create a user name and
password for their individual student-level account, which requires a valid
email address for identification, registration and tracking purposes. Users,
including the administrator user(s), are solely responsible for any and all
activities which occur under their account access, whether authorized or not
authorized. If administrator-level account access is shared within a
registered high school account, it is still the sole responsibility of the
group to maintain the confidentiality of the administrator-level account and
password, the school ID, school password, student usernames and student
passwords. You agree to (a) immediately notify Odyssey Interactive of any
unauthorized use of your school code, username or password or any other
breach of security, and (b) ensure that you exit from your account at the
end of each session. Odyssey Interactive will not be liable for any loss or
damage arising from your failure to comply with these provisions. You should
use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or
other personal information.
7. YOUR INTERACTIONS WITH OTHER USERS
(a) Though access-restricted, the Website is still a public forum. As such,
you are solely responsible for your interactions with other Users. Further,
you understand that Odyssey Interactive does not screen its Users or attempt
to verify the statements made by its Users. Odyssey Interactive makes no
representations or warranties as to the conduct of other Users. In no event
shall Odyssey Interactive be liable for any damages, whether direct,
indirect, general, compensatory, consequential, and/or incidental, arising
out of or relating to the conduct of you or anyone else in connection with
the use of the Service, including without limitation, bodily injury,
emotional distress, and/or any other damages resulting from communications
with other registered Users of this Service.
8. USER DISPUTES
(a) Odyssey Interactive may, but is under no obligation to, monitor disputes
between you and other Users.
9. CONTENT POSTED BY YOU ON MYYEARBOOKBUILDER.COM
(a) You are solely responsible for the materials that you post on the
Website, or transmit to other Users. You may not post on the Website, or
transmit to other Users, any false, abusive, obscene, profane, sexually
oriented, threatening, harassing, racially offensive, or illegal material,
or any material that infringes or violates another party's rights.
(b) You understand and acknowledge that Odyssey Interactive and/or your very
own high school eYearbook committee reserves the right to, at any time,
review, edit and delete any content, messages, photos, videos, audio files
or student portraits (collectively, "Content"), in each case in whole or in
part and for any reason.
(c) By posting Content to any area of the Website, you automatically
represent and warrant that you possess the sole right, authority and
ownership to do so. You also grant, to Odyssey Interactive, an irrevocable,
perpetual, non-exclusive license to display, reproduce, modify and
distribute such Content and also to incorporate said Content into other
works.
(d) Odyssey Interactive reserves the right to investigate and take
appropriate legal action in its sole discretion against any User that
violates this provision, including without limitation, removing the
offending communication from the Service and terminating the usage of such
violators.
(e) Your use of the Service must be in accordance with any and all
applicable laws and regulations.
(f) You may not include telephone numbers, street addresses, URLs or email
addresses in your postings.
10. PROHIBITED ACTIVITIES
(a) Odyssey Interactive reserves the right to investigate and terminate your
access to the Website and/or use of the Service if you have misused the
Service, or behaved in a way which could be regarded as inappropriate or
whose conduct is unlawful or illegal. The following is a partial list of the
type of actions that you can not engage in with respect to the Website or
Service:
- You can not impersonate any User.
- You can not harass any User.
- You can not post, distribute or reproduce any copyrighted material,
trademarks, or other proprietary information.
- You can not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
- You can not interfere with or disrupt the Services or the site or the
servers or networks connected to the Services or the site.
- You can not modify, adapt, translate, reverse engineer, decompile or
otherwise disassemble any portion of the Service or the Website.
11. CUSTOMER SERVICE
(a) Odyssey Interactive provides assistance to you through customer service
representatives. When communicating with our service team, you may not to be
abusive or disrespectful. If we feel that your behavior towards any member
of our service team is inappropriate, we reserve the right to immediately
terminate your usage of the Service.
12. PURCHASE ORDERS
(a) Use of the Website and/or the Service is free of charge. You are under
no obligation to purchase your high school’s eYearbook from Odyssey
Interactive.
(b) A payment is only required and necessary if you choose to receive a
final copy of your high school’s eYearbook.
(c) Odyssey Interactive does not receive or accept payment for an eYearbook
purchase online. The purchase module for the Website is solely purposed for
placing ordering and making reservations. All eYearbook payments by User
will be directed to your school administration; your high school
administration will provide further details regarding the purchasing
process.
(d) All transactions are further governed by Odyssey Interactive’s Terms and
Conditions of Sale.
13. MODIFICATION AND INTERRUPTION TO SERVICE
(a) Odyssey Interactive reserves the right to modify or discontinue the
Service with or without notice to Users. Odyssey Interactive shall not be
liable to Users or any third party should Odyssey Interactive exercise its
right to modify or discontinue the Service. Users acknowledge and accept
that Odyssey Interactive does not guarantee continuous, uninterrupted or
secure access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances outside of
our control.
14. BLOCKING OF IP ADDRESSES
(a) Odyssey Interactive reserves the right to block User access to the
Service from an IP address.
15. THIRD-PARTY SITES
(a) Our website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You
acknowledge and agree that we do not endorse and are not responsible for the
availability of, or the content located on or through, any third-party site.
You further acknowledge and agree that Odyssey Interactive will not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of any such content
available on or through any such site or resource. 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
Users to review said privacy policies of third-parties’ sites.
16. PRIVACY POLICY
(a) Use of the Website and/or the Service is governed by Odyssey
Interactive’s Privacy Policy.
17. DISCLAIMERS
(a) The site is provided by Odyssey Interactive on an “as is” and on an “as
available” basis. Odyssey Interactive is not responsible for any incorrect
or inaccurate material posted on the Website or in connection with the
Service. Odyssey Interactive is further not responsible for the conduct,
whether online or offline, of any User of the Website. To the fullest extent
permitted by applicable law, Odyssey Interactive 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. Odyssey Interactive shall have no liability for any interruptions
in the use of this Website. Odyssey Interactive 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.
(b) Product specifications and other information have either been provided
by third-party vendors or collected from publicly available sources. While
Odyssey Interactive 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.
(c) Odyssey Interactive makes no warranties or representations whatsoever
with regard to any product provided or offered by any third-party vendor,
and you acknowledge that any reliance on representations and warranties
provided by any third-party vendor shall be at your own risk.
18. LIMITATIONS ON LIABILITY
(a) ODYSSEY INTERACTIVE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND
IN PARTICULAR ODYSSEY INTERACTIVE SHALL NOT BE LIABLE FOR ANY PERSONAL,
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 ODYSSEY INTERACTIVE 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.
19. INDEMNIFICATIONS
(a) You agree to indemnify and hold Odyssey Interactive, L.L.C., its
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 User’s use of the Service, the violation of
this Agreement, or infringement by Member, or other user of the Service
using Member’s computer, of any intellectual property or any other right of
any person or entity.
20. NO THIRD-PARTY BENEFICIARIES
(a) You agree that, except as otherwise expressly provided in this
Agreement, there shall be no third-party beneficiaries to this Agreement.
21. GOVERNING JURISDICTION OF THE COURTS
(a) Our website is operated and provided in the State of Connecticut. As
such, we are subject to the laws of the State Connecticut, and such laws
will govern this Terms of Use Agreement, without giving effect to any choice
of law rules. We make no representation that our website 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 Connecticut.
22. COMPLIANCE WITH LAWS
(a) Users assume all knowledge of applicable law and are responsible for
compliance with any such laws. Users may not use the Website or Service in
any way that violates applicable state, federal, or international laws,
regulations or other government requirements. Users 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.
23. PROPRIETARY MATERIAL ON MYYEARBOOKBUILDER.COM
(a) All material included or available on the Website, including site
design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2007 MYYEARBOOKBUILDER.COM, with all rights reserved, or is the
property of Odyssey Interactive and/or third parties protected by
intellectual property rights. Any use of materials on the Website, including
reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written permission
of an authorized officer of Odyssey Interactive is strictly prohibited.
Users agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized officer
of Odyssey Interactive.
(b) MYYEARBOOKBUILDER.COM™ is a proprietary mark of Odyssey Interactive.
Odyssey Interactive’s trademarks may not be used in connection with any
product or service that is not provided by Odyssey Interactive, in any
manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits Odyssey Interactive.
(c) All other trademarks displayed on Odyssey Interactive’s website are the
trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those third-parties. In addition, such use of
trademarks or links to the web sites of third-parties is not intended to
imply, directly or indirectly, that those third-parties endorse or have any
affiliation with Odyssey Interactive.
24. COPYRIGHT POLICY
(a) You may not post or distribute copyrighted material on or through the
Website.
25. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
(a) Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Odyssey Interactive and
MYYEARBOOKBUILDER.COM designates the following individual as its agent for
receipt of notifications of claimed copyright infringement.
Contact: J. Gregory Durdock
Email:
customerservice@odysseyinteractive.com
26. BOTNETS
(a) Odyssey Interactive 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, Odyssey
Interactive reserves the right to direct the involved hostnames to a
honeypot, loopback address, logging facility, or any other destination at
our discretion.
27. OTHER
(a) 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 Odyssey Interactive, 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 User. User
agrees that by accepting this Terms of Use Agreement, you are consenting to
the use and disclosure of their personally identifiable information and
other practices described in our Privacy Policy Statement.
Please contact us via email at
customerservice@odysseyinteractive.com with
any questions regarding this Terms of Use Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO EACH AND ALL OF THE PROVISIONS
CONTAINED ABOVE.
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