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1. ACCEPTANCE OF TERMS
Welcome to MyFreeCalendar.com. Rare Earth Enterprises,
LLC and zero1tek, L.L.C., hereinafter referred to
as the Site Managers, provide MyFreeCalendar.com's
service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review
the most current version of the TOS at any time
at: http://www.myfreecalendar.com/tos.asp. In addition,
when using particular MyFreeCalendar.com services,
you and the Site Managers shall be subject to any
posted guidelines or rules applicable to such services
which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference
into the TOS.
2. DESCRIPTION OF SERVICE
The Site Managers currently provide MyFreeCalendar.com
users with access to a rich collection of resources,
including, various communications tools, forums,
shopping services, personalized content and branded
programming through its network of properties (the
"Service"). You also understand and agree that the
Service may include advertisements and that these
advertisements are necessary for the Site Managers
to provide the Service. Unless explicitly stated
otherwise, any new features that augments or enhances
the current Service, shall be subject to the TOS.
You understand and agree that the Service is provided
"AS-IS" and that the Site Managers assume no responsibility
for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization
settings. You are responsible for obtaining access
to the Service and that access may involve third
party fees (such as Internet service provider or
airtime charges). You are responsible for those
fees, including those fees associated with the display
or delivery of advertisements. In addition, you
must provide and are responsible for all equipment
necessary to access the Service. Please be aware
that the Site Managers have created certain areas
on the Service that contain adult or mature content.
You must be at least 18 years of age to access and
view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and
complete information about yourself as prompted
by the Service's Registration Form, Optional Survey
and all other applications available from the Service
(such information being the "Registration Data")
and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or the Site Managers
have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
the Site Managers have the right to suspend or terminate
your account and refuse any and all current or future
use of the Service (or any portion thereof). the
Site Managers are concerned about the safety and
privacy of all its users, particularly children.
For this reason, parents of children under the age
of 13 who wish to allow their children access to
the Service must create a MyFreeCalendar.com account
for their children. When you create a MyFreeCalendar.com
account for your child, you certify that you are
at least 18 years old and that you are the legal
guardian of the child/children listed on the MyFreeCalendar.com
Account. By adding a child to your MyFreeCalendar.com
account, you also give your child permission to
access all of the Services including, message boards,
clubs, and chat (among others). Please remember
that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it
is your responsibility to determine whether any
of the Services and/or Content (as defined in Section
6 below) are appropriate for your child.
4. MYFREECALENDAR.COM PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy. For
more information, see our full privacy policy at
http://www.myfreecalendar.com/privacy.asp.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
As part of the Service's registration process,
you will create a free account and choose a password
to protect it. You are responsible for maintaining
the confidentiality of your password and account
and you are fully responsible for all activities
that occur under your password or account. You agree
to (a) immediately notify the Site Managers of any
unauthorized use of your password or account or
any other breach of security, and (b) ensure that
you exit from your account at the end of each session.
The Site Managers cannot and will not be liable
for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the
sole responsibility of the person from which such
Content originated. This means that you, and not
the Site Managers, are entirely responsible for
all Content that you upload, post, email, transmit
or otherwise make available via the Service. The
Site Managers do not control the Content posted
via the Service and, as such, do not guarantee the
accuracy, integrity or quality of such Content.
You understand that by using the Service, you may
be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will the
Site Managers be liable in any way for any Content,
including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree that you will not use the Service to:
a. upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including,
but not limited to, a MyFreeCalendar.com official
or representative of the Site Managers, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
e. upload, post, email, transmit or otherwise make
available any Content that you do not have a right
to make available under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
h. upload, post, email, transmit 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;
i. disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a
manner that negatively affects other users' ability
to engage in real time exchanges;
j. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force
of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that the Site Managers do not prescreen
Content, but that the Site Managers and their designees
shall have the right (but not the obligation) in
their sole discretion to refuse, remove or move
any Content that is available via the Service. Without
limiting the foregoing, the Site Managers and their
designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge
that you may not rely on any Content created by
the Site Managers or submitted to MyFreeCalendar.com,
including without limitation information in MyFreeCalendar.com
Message Boards and in all other parts of the Service.
You acknowledge and agree that the Site Managers
may preserve Content and may also disclose Content
if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably
necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates
the rights of third-parties; or
(d) protect the rights, property, or personal safety
of the Site Managers, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content,
may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding
the transmission of technical data exported from
the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
The Site Managers do not claim ownership of Content
you submit or make available for inclusion on the
Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible
areas of the Service, you grant the Site Managers
the following worldwide, royalty free and non-exclusive
license(s), as applicable: · With respect to Content
you submit or make available for inclusion on publicly
accessible areas of MyFreeCalendar.com, the license
to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the
Service solely for the purposes of providing and
promoting MyFreeCalendar.com. This license exists
only for as long as you elect to continue to include
such Content on the Service and will terminate at
the time you remove or the Site Managers remove
such Content from the Service. · With respect to
photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area
of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the
purpose for which such Content was submitted or
made available. This license exists only for as
long as you elect to continue to include such Content
on the Service and will terminate at the time you
remove or the Site Managers remove such Content
from the Service. · With respect to Content other
than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible
areas of the Service, the perpetual, irrevocable
and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole
or in part) and to incorporate such Content into
other works in any format or medium now known or
later developed. "Publicly accessible" areas of
the Service are those areas of the MyFreeCalendar.com
site and/or network of properties that are intended
by the Site Managers to be available to the general
public.
9. INDEMNITY
You agree to indemnify and hold Rare Earth Enterprises,
LLC and zero1tek, L.L.C., owners, subsidiaries,
affiliates, officers, agents, co-branders or other
partners and employees, harmless from any claim
or demand, including reasonable attorneys' fees,
made by you or any third party due to or arising
out of Content you submit, post, transmit, make
available, or view through the Service, your use
of the Service, your connection to the Service,
your violation of the TOS, or your violation of
any rights of another.
You agree to indemnify and hold Rare Earth Enterprises',
LLC and zero1tek's, L.L.C., owners, subsidiaries,
affiliates, officers, agents, co-branders or other
partners and employees, harmless from any claim
or demand, including reasonable attorneys' fees,
made by you or any third party due to or arising
out of any Content submitted, posted, transmitted,
made available, or viewed through the Service, any
use of the Service, any connection to the Service,
any violation of the TOS, or any violation of any
rights of another by any user, advertiser or other
entity of the Service.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Site Managers may establish
general practices and limits concerning use of the
Service, including without limitation the maximum
number of days that message board postings or other
uploaded Content will be retained by the Service,
the maximum disk space that will be allotted on
MyFreeCalendar.com's servers on your behalf, and
the maximum number of times (and the maximum duration
for which) you may access the Service in a given
period of time. You agree that the Site Managers
have no responsibility or liability for the deletion
of or failure to store any communications or other
Content maintained or transmitted by the Service.
You acknowledge that the Site Managers reserve the
right to log off accounts that are inactive for
an extended period of time. You further acknowledge
that the Site Managers reserve the right to change
these general practices and limits at any time,
in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
The Site Managers reserve the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree
that the Site Managers shall not be liable to you
or to any third party for any modification, suspension
or discontinuance of the Service.
13. TERMINATION
You agree that the Site Managers or their representatives,
in their sole discretion, may terminate your password,
account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service,
for any reason, including, without limitation, for
lack of use or if the Site Managers believe that
you have violated or acted inconsistently with the
letter or spirit of the TOS. The Site Managers may
also in their sole discretion and at any time discontinue
providing the Service, or any part thereof, with
or without notice. You agree that any termination
of your access to the Service under any provision
of this TOS may be effected without prior notice,
and acknowledge and agree that the Site Managers
may immediately deactivate or delete your account
and all related information and files in your account
and/or bar any further access to such files or the
Service. Further, you agree that the Site Managers
shall not be liable to you or any third-party for
any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found
on or through the Service, including payment and
delivery of related goods or services, and any other
terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that the Site
Managers shall not be responsible or liable for
any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence
of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because the Site Managers have no control over such
sites and resources, you acknowledge and agree that
the Site Managers are not responsible for the availability
of such external sites or resources, and do not
endorse and are not responsible or liable for any
Content, advertising, products, or other materials
on or available from such sites or resources. You
further acknowledge and agree that the Site Managers
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 Content, goods or services
available on or through any such site or resource.
16. JB'S (THE SITE OWNER'S) PROPRIETARY
RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection
with the Service ("Software") contain proprietary
and confidential information that is protected by
applicable intellectual property and other laws.
You further acknowledge and agree that Content contained
in sponsor advertisements or information presented
to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as
expressly authorized by JB (the Site Owner) or advertisers,
you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the
Service or the Software, in whole or in part. The
Site Owner grants you a personal, nontransferable
and non-exclusive right and license to use the object
code of their Software on a single computer; provided
that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified
versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service
by any means other than through the interface that
is provided by the Site Managers for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THE Site Managers EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. THE SITE MANAGERS MAKE NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE 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
ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE SITE MANAGERS OR THEIR
REPRESENTATIVES OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE
MANAGERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF THE SITE MANAGERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
zero1tek, L.L.C. and Rare Earth Enterprises, LLC
will not be held liable for any damages, real or
imagined, sustained by person, property, character
or business as caused by any private event placed
in a public listing.
zero1tek, L.L.C. and Rare Earth Enterprises, LLC
will not be held liable for any damages, real or
imagined, sustained by person, property, character
or business as caused by any public event placed
in a private listing.
zero1tek, L.L.C. and Rare Earth Enterprises, LLC
will not be held liable for any damages, real or
imagined, sustained by person, property, character
or business as caused by any event placed in the
wrong calendar or category.
zero1tek, L.L.C. and Rare Earth Enterprises, LLC
offer no guarantee of, and does not accept liability
for, the validity of any information posted on the
MyFreeCalendar.com website and associated electronic
property.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or join any service, receive
or request any news, messages, alerts or other information
from the Service concerning companies, stock quotes,
investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you.
In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only,
and no Content included in the Service is intended
for trading or investing purposes. The Site Managers
and their licensors shall not be responsible or
liable for the accuracy, usefulness or availability
of any information transmitted or made available
via the Service, and shall not be responsible or
liable for any trading or investment decisions made
based on such information.
21. NOTICE
Notices to you may be made via either email or
regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying
notices or links to notices to you generally on
the Service.
22. TRADEMARK INFORMATION
MyFreeCalendar.com, the MyFreeCalendar.com
logo and artwork, and other MyFreeCalendar.com product
and service names are registered trademarks and
protected under federal law. Without prior permission
from the trademark owner, you agree not to display
or use in any manner, the MyFreeCalendar.com trademarks.
23. COPYRIGHT INFORMATION
MyFreeCalendar.com in whole or in
part and variations of the website and/or database
which may use different names other than MyFreeCalendar.com,
are all covered by the same copyright and are protected
under federal law. You agree not to use MyFreeCalendar.com
or the aforementioned variations in whole or in
part in any way that may infringe upon the copyright
without prior permission from the copyright owner.
24. OTHER COPYRIGHTS and COPYRIGHT AGENTS
The Site Managers respect the intellectual property
of others, and we ask our users to do the same.
If you believe that your work has been copied in
a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise
violated, please provide the Site Managers' Copyright
Agent the following information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
2. a description of the copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material that you
claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith
belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual
property owner's behalf.
25. GENERAL INFORMATION
The TOS constitute the entire agreement
between you, The Site Managers and the MyFreeCalendar.com
staff and govern your use of the Service, superseding
any prior agreements between you and The Site Managers
or the MyFreeCalendar.com staff. You also may be
subject to additional terms and conditions that
may apply when you use affiliate services, third-party
content or third-party software. The TOS and the
relationship between you and MyFreeCalendar.com
shall be governed by the laws of the State of Missouri
without regard to its conflict of law provisions.
You and The Site Managers agree to submit to the
personal and exclusive jurisdiction of the courts
located within the county of Boone, Missouri. The
failure of The Site Managers or the MyFreeCalendar.com
staff to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the
parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause
of action arising out of or related to use of the
Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or
be forever barred. The section titles in the TOS
are for convenience only and have no legal or contractual
effect.
26. VIOLATIONS
Please report any violations of the TOS to our
Customer Service representative.
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