Effective Date: September 28, 2008

Deer Isle-Stonington Alumni Website (DISAW) is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new classmates who have graduated within the Deer Isle-Stonington High School system. The services offered by DISAW include the website (the "Deer Isle-Stonington Alumni Website or also referred to as DISAW"), the DISAW Internet messaging service, the DISAW forum and any other features, content, or applications offered from time to time by the DISAW.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the DISAW Services. By using the DISAW Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the DISAW) or you are a "Member" (which means that you have registered with DISAW). A Visitor or a Member is both termed a "User". Please read this Agreement carefully as your acceptance must be indicated in order to complete our registration process. If you do not agree with it, discontinue use of the DISAW Services immediately.

This Agreement defines our policy for acceptable use of the DISAW Services and Content posted on the DISAW, your rights, obligations and restrictions regarding your use of the DISAW Services. DISAW has the right to modify this Agreement at any time; with such modification being effective upon it's posting to the DISAW. You, the User, agree to be bound to changes posted. It is the User's responsibility to review this Agreement regularly to maintain policy guidelines.

Please choose carefully the information you post on DISAW or Services and that you provide to other Users. Your DISAW profile may not include any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other DISAW Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and DISAW assumes no responsibility or liability for this material. If you become aware of misuse of the DISAW Services by any person, please contact us by clicking on the "Report Inappropriate Content" link at the bottom of any DISAW page.

DISAW reserves the right to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the DISAW Services at any time, for any or no reason, with or without prior notice, and without liability.

Term. This Agreement shall remain in full force and effect while you use the DISAW Services or are a Member. You may terminate your Membership at any time, for any reason.

Password. To become a Member, you must choose a password. You are entirely responsible for maintaining the confidentiality of your password. DISAW cannot retrieve your password; however, DISAW can reset your password in the event that a Member misplaces their password. The User agrees not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify DISAW immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members. The DISAW Services are for the personal use of Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the DISAW Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the DISAW is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the DISAW Services.

Proprietary Rights in Content. DISAW does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials you post to the DISAW Services. You continue to retain all ownership rights in such Content, and to have the right to use your content in any way you choose. By displaying or publishing ("posting") any content on or through the DISAW Services, you hereby grant to DISAW a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the DISAW Services. Without this license, DISAW would be unable to format content to satisfy technical requirements. The license you grant to DISAW is non-exclusive, fully-paid and royalty-free and sub licensable. This license will terminate with the removal of your content from the DISAW Services. The license does not grant DISAW the right to sell or distribute your content outside of the DISAW Services.

You represent and warrant that: (i) you own the content posted by you on or through the DISAW Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the DISAW Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the DISAW Services.

The DISAW contains content of its Users. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the DISAW Services.

Content Posted. DISAW may delete any content that in the sole judgment of DISAW violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. DISAW assumes no responsibility for monitoring the DISAW Services for inappropriate content or conduct. You are solely responsible for the content that you post on or through any of the DISAW Services, and any material or information that you transmit to other Members and for your interactions with other Users. DISAW does not endorse and has no control over the content as it is not reviewed by DISAW prior to posting. Content does not indicate the opinions or policies of DISAW. DISAW makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content, material or information that you transmit to other Users.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

Member Disputes. You are solely responsible for your interactions with other DISAW Users. DISAW reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy. Use of the DISAW Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers. DISAW is not responsible for any incorrect or inaccurate content posted on the DISAW or in connection with the DISAW Services, whether caused by Users of the DISAW Services or by any of the equipment or programming associated with or utilized in the DISAW Services. Profiles created and posted by Members on the DISAW may contain links to other websites. DISAW is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by DISAW. Inclusion of any linked website on the DISAW Services does not imply approval or endorsement of the linked website by DISAW. When you access these third-party sites, you do so at your own risk. DISAW takes no responsibility for third party advertisements. DISAW is not responsible for the conduct, whether online or offline, of any User of the DISAW. DISAW 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, any User or Member communication. DISAW is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the DISAW Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation with the DISAW Services. Under no circumstances shall DISAW be responsible for any loss or damage, including personal injury or death, resulting from use of the DISAW Services, from any content posted on or through the DISAW Services, or from the conduct of any Users of the DISAW Services, whether online or offline. The DISAW Services are provided "AS-IS" and as available and DISAW expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DISAW cannot guarantee and does not promise any specific results from use of the DISAW Services.

Limitation on Liability. IN NO EVENT SHALL DISAW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DISAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DISAW'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, IF ANY, BY YOU TO DISAW FOR THE DISAW SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity. You agree to indemnify and hold DISAW, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the DISAW Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the DISAW or through the DISAW Services causes DISAW to be liable to another.

Other. This Agreement is accepted upon your use of the DISAW Website or any of the DISAW Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and DISAW regarding the use of the DISAW Services. The failure of DISAW to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Please contact us at: Link with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED