|
Disclaimer
By visiting and/or participating at “Empire Region”, you're agreeing to abide by the Terms of Service below. We've created these rules and guidelines to protect you and to ensure that “Empire Region” is safe and fun for everybody.
“Empire Region” is not an official representative of the United States Naval Sea Cadet Corps or the United States Navy League Cadet Corps or the Unites States Navy. It exists solely for the general use and enjoyment of the members of the “Empire Region” and those non-members interested in learning about “Empire Region”.
Please review the following before participating
1. Acceptance of Terms of Use
“Empire Region” is provided free of charge to you by the staff of “Empire Region” under these Terms of Service. Although portions of “Empire Region” may be viewed simply by visiting the site as a guest, additional services/functions do necessitate your registering on as a member of the USNSCC “Empire Region”. By signing on to “Empire Region” as a guest and/or completing the registration process, you are indicating your agreement to be bound by these terms of use as such terms may be modified from time to time. “Empire Region” shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter “Empire Region”. The Terms of Service for your continued use of “Empire Region” will be available throughout “Empire Region”.
2. Registration Information/Privacy Policy
When you register for any of the areas of “Empire Region”, you will be required to provide “Empire Region” with the following information; your name, Emil address, state, zip code, user name and password. In addition, you may choose to provide “Empire Region” with additional information, including but not limited to your address, age, gender or other defined demographic. Except as provided herein, “Empire Region” will not sell to any third party your name, address, E-mail address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. “Empire Region” allows access to database information by third parties providing technical services, but only to the extent necessary to provide you with those services. In those instances, the third party is bound by these terms. Your informed consent shall be in the form of an "opt in" or similar policy. You understand and agree that “Empire Region” may disclose to third parties your state, zip code, gender, age and/or service provider, but only in the form of aggregated information. In addition, you agree that “Empire Region” may assign, sell, license, or otherwise transfer to a third party, your name, address, E-mail address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of “Empire Region” or its affiliated entities. “Empire Region” reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by “Empire Region”.
3. Termination
“Empire Region” reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate:
(i) these Terms of Service;
(ii) your registration with or ability to access ”Empire Region” and/or any other service provided to you by ”Empire Region” upon any breach by you of the Terms of Service.
4. Modifications of these Terms of Service
“Empire Region” may modify these Terms of Service from time to time in its sole discretion. Each time you log on to ”Empire Region”, you will be deemed to have accepted any such changes.
5. Modifications of ”Empire Region”
“Empire Region” may modify or discontinue ”Empire Region” with or without notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages.”Empire Region” reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines. Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service.”Empire Region” is to be used by you for your personal use only. Commercial uses of ”Empire Region” are strictly prohibited unless prior written consent from ”Empire Region” has been granted. You agree that you will not use ”Empire Region” for chain letters, junk mail, 'spamming, ' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. By using “Empire Region”, you agree that you will not post any of the following material in ”Empire Region”'s chat rooms, bulletin boards, or other forums ("postings")
· Material which defames, abuses or threatens others.
· Statements that are bigoted, hateful or racially offensive.
· Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
· Unauthorized copyrighted material.
· Material that contains vulgar, obscene or indecent language or images.
· Advertising or any form of commercial solicitation.
· Material that does not pertain to the forum’s given topic.
· Distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, ”Empire Region” at its sole discretion may terminate member's ability to participate in/at ”Empire Region”. ”Empire Region” will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of ”Empire Region”. You further agree not to use an inappropriate member name of any kind.
You acknowledge that:
(i) “Empire Region” permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights");
(ii) these Rights are valid and protected in all media and technologies existing now or later developed; and
(iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to ”Empire Region”, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on ”Empire Region” is not protected by Rights rests with you. You acknowledge that ”Empire Region” may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which may include your name, user name and/or e-mail address, to any "public area" of ”Empire Region”, including message boards, forums, contests and chat rooms, you grant ”Empire Region” and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on”Empire Region” retains any and all Rights that may exist in such content.
Anything contained herein to the contrary notwithstanding, by submitting content to any section of”empire region”, you hereby expressly permit ”Empire Region” to identify you as the contributor of such content to the publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify ”Empire Region” in writing at the time you submit the content that you do not wish to be identified.
7. Disclaimer of Warranties
You expressly agree that use of ”Empire Region” is at your sole risk. ”Empire Region” is provided on as "as is" and "as available" basis. Expressly disclaims all warranties of any kind, expressed or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
The information found at ”Empire Region” is general information; not advertising or solicitation. ”Empire Region” makes no warranty that ”Empire Region” will meet your requirements, or that ”Empire Region” will be uninterrupted, timely, secure, or error free; nor does ”Empire Region” make any warranty as to the results that may be obtained from the use of ”Empire Region”. ”Empire Region” will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of ”Empire Region”. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of ”Empire Region” is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand and agree that ”Empire Region” does not guarantee the accuracy or completeness of any information in or provided in connection with ”Empire Region”. ”Empire Region” is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither ”Empire Region” nor its members, while such members are participating in ”Empire Region”, are engaged in rendering legal, medical, counseling or other professional services or advice. ”Empire Region” encourages you to seek appropriate professional advice or care for any situation or problem which you may have. “Empire Region” shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in this service area. Your participation in ”Empire Region” is solely at the your own risk. No advice or information, whether oral or written, obtained by you from”Empire Region” or through”Empire Region” shall create any warranty not expressly made herein.”Empire Region” makes no warranty regarding any goods or services purchased or obtained through ”Empire Region” or any transactions entered into through”Empire Region”.”Empire Region” is not responsible for the content on the internet or world wide web pages that is contained outside ”Empire Region”'s site. As a convenience to our website’s visitors,, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against ”Empire Region” with respect to such sites.
8. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ”Empire Region” of any unauthorized use of your registration or password.
9. Limitation of Liability
“Empire Region” shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use “empire region” or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through “empire region” or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if “Empire Region” has been advised of the possibility of such damages.
10. E-Mail Message Storage
“Empire Region” assumes no responsibility for the deletion of or failure to store e-mail messages.
11. Promotional Messages
“Empire Region” and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. “Empire Region” makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither “Empire Region” nor such third party shall have any liability with respect thereto.
12. Indemnification
You agree to indemnify and hold each of “Empire Region”'s, subsidiaries, affiliates, officers, volunteers, members and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of “Empire Region”, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions.
14. Remedies for Breach of these Terms by You
In the event that “Empire Region” determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of “Empire Region”, “Empire Region” reserves the right to:
(i) warn you via e-mail that you have violated these Terms of Service;
(ii) delete any content provided by you or your agent(s) to “Empire Region”;
(iii) delete all content provided by you to “Empire Region”;
(iv) discontinue your registration with “Empire Region” and/or any other “Empire Region” community;
(v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which “Empire Region” deems to be appropriate.
15.Trademarks
“Empire Region” and the “Empire Region” logo are trademarks of “Empire Region”. All other trademarks appearing on the site are trademarks of their respective owners.
16. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
“Empire Region” may assign its rights and obligations under these Terms of Service and upon such assignment “Empire Region” may be relieved of any further obligation hereunder.
You represent to “Empire Region” that you have the authority to register with “Empire Region” according to these Terms of Service. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on “Empire Region” by “Empire Region”) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of “Empire Region”, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
|