myVillage.us
 
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

The services offered at www.myVillage.us owned by MyVillage, Inc is provided to you ("User") under the terms and conditions of this MyVillage, Inc. Terms of Service (TOS) , and any operating rules or policies that may be published by MyVillage, Inc. at the URL: www.myvillage.us. The TOS comprises the entire agreement between User and MyVillage, Inc. and supersedes all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process, or using myvillage, inc., user indicates that user is at least 13 years of age and that user agrees to be bound by all of the term and conditions herein.

2. DESCRIPTION OF SERVICE:

MyVillage, Inc. provides User with a variety of online services, including but not limited to the capability to schedule events, process payments and receive event progress reports. User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested during User's original sign-up shall be referred to as "Registration Data." If any Registration Data provided by User is inaccurate, MyVillage, Inc. reserves the right to terminate User's account and rights to use the Service.

3. NO "SPAMMING":

User will not use the Service for chain letters, junk mail, or "Spamming" or make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from User ("Spam" or "Spamming") is strictly prohibited by MyVillage, Inc. If any User uses the Service for Spam, MyVillage, Inc. reserves the right to immediately terminate User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact MyVillage, Inc. using support@myvillage.us.

4. NOTICES:

MyVillage, Inc. may give notice to its users by e-mail, a posting on the site, or other reasonable means. A user must give notice to MyVillage, Inc. in writing via e-mail or as otherwise expressly provided by MyVillage, Inc. MyVillage, Inc. may broadcast, distribute or display notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcast, distributions or displays shall constitute notice to User.

5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:

MyVillage, Inc. may modify or discontinue the Service with or without notice to User. MyVillage, Inc. shall not be liable to User or any third party should MyVillage, Inc. modify or discontinue the Service. MyVillage, Inc. may change the terms and conditions of the TOS from time to time. Upon any substantive change in the terms and conditions of the TOS, MyVillage, Inc. may notify User via e-mail, and/or by posting an announcement of the changes and a link to the new TOS on the start-up screen upon User's subsequent use of the Service. User will be asked to review the new TOS. User acknowledges and accepts the TOS by continuing to use the Service.

6. PRIVACY POLICY:

It is MyVillage, Inc's policy to respect the privacy of its users. MyVillage, Inc. may disclose User's Data, the contents of User's private communications, or the contact information of User's guests only if required to do so by law, or as otherwise stated on MyVillage, Inc.'s www.myvillage.us, or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on MyVillage, Inc.; (2) protect and defend the rights or property of MyVillage, Inc.; or (3) act under exigent circumstances to protect the personal safety of its users or the public. User acknowledges and agrees that certain technical processing of e-mail messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. User consents to the use of his or her information, including the transfer of information to third parties, as described in the myVillage, Inc. Privacy Policy. User's ability to access his or her personal information is limited to that information contained in User's account profile, which User can update or change at any time by visiting User's Account Profile page.

7. USER ACCOUNT, PASSWORD, AND SECURITY:

Once User registers for the Service, User will receive a password and an account. User is responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User may change User's password at any time by following instructions; User may also set up a new account at User's convenience. User agrees to immediately notify myVillage, Inc. of any unauthorized use of User's account or any other breach of security known to User.

8. DISCLAIMER OF WARRANTIES:

User expressly agrees that use of the service is at user's sole risk. The service is provided on an "as is" and "as available" basis. Myvillage, inc. Expressly disclaims 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.

Myvillage, inc. Makes no warranty that the service will meet user requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does myvillage, inc. Make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

User acknowledges that myvillage, inc. Does not control content, information, products or services offered by advertisers or third parties on or through the service, including but not limited to information, products, or services provided by license to myvillage, inc. From third parties. Except as otherwise agreed in writing, myvillage, inc. Assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including but not limited to advertisers) through the service. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data. Myvillage, inc. Makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by user from myvillage, inc. Or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to user.

9. LIMITATION OF LIABILITY:

Myvillage, inc. Shall not be liable for any indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, use, data or other intangible, even if myvillage, inc. Has been advised of the possibility of such damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or content received or transactions entered into with myvillage, inc. Or a third party (including but not limited to advertisers) through the service or resulting from unauthorized access to or alteration of user's transmissions or data. User specifically agrees that myvillage, inc. Is not responsible or liable to user or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the service, or for any infringement of violation of another's rights by any other party on the service, including but not limited to intellectual property rights, rights of publicity, or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to user.


10. CANCELLATION OF EVENT AND CHARGE BACKS:

In the event that User cancels an event for whatever reason, the User must make appropriate arrangements to reschedule the event or refund the “Attendees”, in a manner that is ethical and lawful. All disputes to do with transactions that have been made by “Attendees” or “Organizers” for making or receiving payments as it relates to events created or booked at www.myvillage.us will need to be resolved between the “Organizer” and the “Attendees” and is not responsibility of myVillage, Inc. All payments processes at www.myvillage.us carry a Credit Card and myVillage, Inc. fee which can not be refunded. Send any refund requests to refund@myvillage.us. We do not issue refunds without written authorization from the event organizer. There is a $3. Processing fee in addition to the myVillage credit card processing fee. Upon request from the event organizer MyVillage, Inc issues the refund to the same credit card as the purchase was made on.

11.  PAYMENTS FROM MYVILLAGE, INC:

myVillage, Inc. sends out checks on the 1st and 15 of every months. Depending on the specific event and circumstances, myVillage may allow the payments to be made on other dates. However, these special arrangements must be agreed upon in writing with myVillage. Checks are sent to the current address provided by the organizer on the myVillage Event Organizer area. Occasionally Organizer misplace checks & therefore these checks are not deposited by them or rarely checks are lost in the mail; in such event the Organizer must request for a repeat check from myVillage. A $25. fee is charged by myVillage for recovering the costs associated with stopping the previous check and issuing a new one.

12. USER CONDUCT:

MyVillage, Inc. reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations.
User agrees:
(1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service;
(2) not to use the Service for illegal purposes (including without limitation, gambling or betting);
(3) not to interfere or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures.
User agrees not to:
* Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise);
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
* Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
* Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service;
* 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;
* Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
* Advertise or offer to sell or buy any goods or services for any non-personal purpose;
* Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of MyVillage, Inc.'s users or other user or usage information or any portion thereof other than in the context of User's use of the Service as permitted under the TOS;
* Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
* Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
* Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
* Engage in any other conduct which, in MyVillage, Inc.'s sole discretion, is considered unauthorized or objectionable.

13. CONTENT:

User is solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by User through the Service, including but not limited to the contents of User's e-mail communications and photos posted by User on MyVillage, Inc. or through the Service. All Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that User, and not MyVillage, Inc., is entirely responsible for all Content that User uploads, posts, e-mails or otherwise transmits via the Service. MyVillage, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will MyVillage, Inc. 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, e-mailed or otherwise transmitted via the Service.

14. INDEMNIFICATION:

User agrees to indemnify and hold MyVillage, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TOS by User, or the infringement by User (or other user of the Service using User's computer) of any intellectual property or other right of any person or entity.

15. TERMINATION:

Either party may terminate the Service with or without cause at any time and effective immediately upon written notice to the other party. MyVillage, Inc. may terminate the Service or User's use of the Service with or without cause at any time and effective immediately, at MyVillage, Inc.'s sole discretion, including but not limited to immediate termination of User's use of the Service should User's conduct fail to conform with these terms and conditions of the TOS, including but not limited to the terms of conduct set forth in Section 11. MyVillage, Inc. shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service registration; and (3) notify MyVillage, Inc. of termination. Upon termination of the Service, User's right to use the Service and Software shall cease immediately. User shall have no right and MyVillage, Inc. will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections 8, 9, and 12 - 19 shall survive termination of the TOS.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS:

User may enter into correspondence with or participate in promotions of any advertisers who show their products and/or services on MyVillage, Inc. or through the Service ("Advertiser"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and Advertiser. MyVillage, Inc. assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. USER ACKNOWLEDGES:

User acknowledges that content, contained in either sponsor advertisements or distributed via e-mail, of a commercial nature and presented to User by the Service by MyVillage, Inc. or MyVillage, Inc.'s Advertisers ("MyVillage, Inc. Content" or "Advertiser Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use the MyVillage, Inc. Content or Advertiser Content as expressly authorized by the MyVillage, Inc. or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from the MyVillage, Inc. Content or Advertiser Content without expressly being authorized to do so by MyVillage, Inc. or Advertiser. User may make a copy of the MyVillage, Inc. Content or Advertiser Content for User's personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact.

18. CONTENT PROVIDED BY USER:

Subject to the terms of MyVillage, Inc.'s privacy policy, User agrees that upon posting any Content on the Service or MyVillage, Inc., including but not limited to text and photographs, User grants to MyVillage, Inc., and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under User's copyrights or other intellectual property rights, if any, in and to the content, to distribute, display, and reproduce such content to other users of the Service. User also grants MyVillage, Inc. the right to authorize the downloading and printing in whole or in part of any content that User has posted to MyVillage, Inc. or through the Service, by end users for their personal use.

19. GENERAL PROVISIONS:

The TOS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. User and MyVillage, Inc. agree to submit to the exclusive jurisdiction of the courts of the state of California, provided, however, that either party may elect to settle any litigation in any way arising out of or relating to the TOS by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MyVillage, Inc.'s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MyVillage, Inc. in writing. User and MyVillage, Inc. agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

20. LANGUAGE:

It is the express wish of the parties that the TOS and all related documents have been drawn up in English. C'est la volente expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. MyVillage, Inc. makes no representation that materials on the Service are appropriate or available for use in locations outside of the United States, and access to them from territories where their content is illegal or otherwise regulated is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

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