South High Online Terms of Use Agreement Last updated (September 2007)
Access to and use of the South High Online web site and the content and services available through the South High Online web site (“South High Online”) is subject to the following Terms of Use Agreement (the “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS OR BY USING SOUTH HIGH ONLINE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS OR USE SOUTH HIGH ONLINE.
Scope
This Agreement applies to your access to and use of South High Online. South High Online is owned and operated by South High Club (“Provider”). This Agreement does not apply to your use of unaffiliated sites to which Provider only links or to any sites owned or operated by South High Club or its affiliates. You acknowledge and agree that neither South High Club, nor its affiliates are responsible in any way for the development, hosting, management, monitoring, content, operation or support of South High Online.
Description of South High Online
South High Online provides the South High community and its members with access to a wide array of online resources, various communications tools, online forums, personalized content and branded programming. South High Online may be accessed and used solely by the South High community and its members. Provider may terminate, modify, or temporarily discontinue South High Online or any of the services, features or tools available through South High Online at any time. You agree that Provider will not be liable for any termination, modification, or temporary discontinuance of South High Online.
In order to use South High Online, users must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any fees associated with such access. In addition, users need all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Registration
You agree to: (a) provide true, accurate, current, and complete information about yourself on all registration forms and (b) maintain and promptly update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Provider has the right to suspend or terminate your account and refuse any and all current or future use of South High Online.
We are concerned about the safety and privacy of all of our users, particularly children. For this reason, parents who wish to allow their children access to South High Online must expressly add the children to the account and indicate the names and ages of the children upon registration. When you add your child to your account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed in your registration information. By adding a child to your account, you give your child permission to access all of the services available through South High Online, including message boards, clubs, instant messages and chat (among others). Please remember that South High Online 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 below) available through South High Online is appropriate for your child.
Access Information
In order to access all of the content and services available through South High Online, you must use the user name and password issued to you by Provider (“Access Information”). You may not transfer your Access Information to any third party, and you may not permit anyone (other than family members included on your account) to access or use South High Online by using your Access Information. You are solely responsible for maintaining the privacy and confidentiality of your Access Information and any usage and activities that occur through use of your Access Information, whether or not you are the individual who undertakes such usage and activities. You agree to immediately notify Provider of any actual or suspected unauthorized use of your Access Information or any other breach of security.
Restrictions on Use of Content
All materials appearing on South High Online, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the “Content”), are the property of Provider or the party credited as the provider of the content and are protected by United States and international copyright, trademark, and other intellectual property laws. You may access, download and print Content on South High Online solely for your own personal and noncommercial use, provided, however that any print-outs of any Content must include all copyright and other proprietary notices. No right, title or interest in or to any of the Content is transferred to you. You may not copy, publish, distribute, sell, display, transmit, adapt, modify, create derivative works of, or in any way exploit any Content. To request our permission, you may click the Help Me link on South High Online. You must follow and observe all additional copyright notices or other restrictions contained on South High Online.
Links
South High Online may provide, or third parties may provide, links to other World Wide Web sites. Because Provider has no control over such sites, you acknowledge and agree that Provider is not responsible for the availability of such sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. You acknowledge and agree that Provider 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.
Member Conduct
You agree not to use South High Online to:
· Upload, post, email, or otherwise transmit any content that is harmful, threatening, abusive, harassing, false, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or otherwise violates any applicable law;
· Upload, post, email, or otherwise transmit any content that is harmful to minors in any way;
· Impersonate any person or entity, including, but not limited to, any Provider forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through South High Online;
· Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· Upload, post, email, or otherwise transmit 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 classifieds) that are designated for such purpose;
· Upload, post, email, or otherwise transmit 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;
· Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of South High Online are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
· Interfere with or disrupt any services available through South High Online or servers or networks connected to South High Online, or disobey any requirements, procedures, policies, or regulations of networks connected to South High Online;
· 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;
· “Stalk” or otherwise harass another; or
· Collect or store personal data about other users.
Interactive Forums; Monitoring
An “interactive forum” means any message board, chat room, or similar interactive service appearing on South High Online. You must comply with instructions that you will find on South High Online in order to contribute to any interactive forum.
We are not responsible for material appearing in any interactive forum on South High Online, except for material signed by an identified representative of Provider acting within the scope of their responsibilities. We shall have no obligation to monitor or screen any material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. However, we retain the right to monitor, modify and/or remove messages or other material from time to time that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, in violation of this Agreement, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
You acknowledge and agree that Provider may preserve posted materials and may also disclose such posted materials and other information (including your personal information) 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 this Agreement; (c) respond to claims that any materials violate the rights of third parties; or (d) protect the rights, property, or personal safety of Provider, Provider’s employees and agents, the South High Online users, and the public.
By posting any materials on South High Online, you warrant that you are the owner of such content (or have been granted all rights necessary from the owner to post such content) and that any “moral rights” in posted materials have been waived. By posting materials on South High Online, you give (or warrant that the owner of such rights has expressly granted) Provider the perpetual, nonexclusive, worldwide, royalty-free right to use your questions, comments, and other posted materials, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of South High Online, use of South High Online, or access to South High Online.
Modifications
We reserve the right to modify this Agreement or South High Online at any time. You should check this Web page periodically for changes to the Agreement. Any changes to this Agreement shall be effective immediately upon posting. By using South High Online after we post any changes to this Agreement, you agree to be bound by those changes, whether or not you have reviewed them. If any change to this Agreement or South High Online is unacceptable to you, your only recourse is to terminate your use of South High Online.
Termination
We may terminate, at our discretion, the registration and access privileges of any user who violates any of the terms and conditions of this Agreement.
Copyright Complaints
We respect the intellectual property rights of others and require that the people who use South High Online do the same. In appropriate circumstances, we reserve the right to terminate the registration and access privileges of any user who uses South High Online to engage in copyright infringement. 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 PROVIDER’s Copyright Agent with 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.
PROVIDER’s designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be reached as follows: South High Alumni, 1700 E. Louisiana Ave, Denver, CO 80210-1810.
Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, SOUTH HIGH ONLINE AND ANY SERVICES, INFORMATION OR MATERIAL AVAILABLE THROUGH SOUTH HIGH ONLINE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. PROVIDER, ON BEHALF OF ITSELF, THE SOUTH HIGH COMMUNITY AND EACH OF THEIR RESPECTIVE AFFILIATES AND LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, RELIABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF (1) ANY SERVICES, INFORMATION, OR MATERIAL CONTAINED ON SOUTH HIGH ONLINE, INCLUDING WITHOUT LIMITATION, ANY INFORMATION POSTED ON THE BULLETIN BOARDS OR IN ANY CHAT ROOMS, (2) ANY THIRD PARTY SITE OR INFORMATION ACCESSED THROUGH SOUTH HIGH ONLINE, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON SOUTH HIGH ONLINE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF SOUTH HIGH ONLINE.
Limitation of Liability
NEITHER PROVIDER, THE SOUTH HIGH CLUB NOR ANY OF THEIR RESPECTIVE LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE SOUTH HIGH ONLINE OR LOSS OF DATA, INCOME OR PROFITS) ARISING OUT OF YOUR USE OF SOUTH HIGH ONLINE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH ENTITY OR INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold harmless Provider, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fees, arising out of any claim or demand made by any third party that arises out of or relates to your use of South High Online, your posting, downloading, or transmission of any communications or material on South High Online or from your violation of this Agreement or any applicable law.
No Personal Advice
The information contained in or made available through Provider (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither Provider nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Provider.
Proprietary Rights
South High Online, all Content, the layout and organization of the web site, and all trademarks, including but not limited to all material distributed or presented to the organization or its members through any services by Provider or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Provider or its third party providers, and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree to respect all proprietary rights of Provider and its third party providers in and to the Content, the organization and layout of the South High Online web site, and any products or services available through South High Online. Any comments, suggestions, or ideas or other information submitted to Provider through South High Online, in writing, by e-mail or otherwise will be the property of Provider and Provider will have all rights without any obligation to compensate the community or its members.
Trademarks
Provider, the Provider logo, and other Provider logos and product and service names are trademarks or service marks of Provider (“Provider Marks”). You agree not to display or use in any manner the Provider Marks without Provider’s prior written permission.
Privacy Policy; Confidentiality of User Information
We are committed to protecting your privacy and security and have explained the steps we take to do so in our Privacy Policy. For more information, please read our privacy policy at http://www.southhighonline.com/legal.
We expect you to respect the privacy rights of other members of the South High community. You will be able to access certain personal information about other members of the South High community through your use of South High Online. You agree that you will not distribute, sell, rent, lease, loan, transfer, display, publish, transmit, disclose to any third party, or in any way exploit any such personal information.
Governing Law
This Agreement will be governed by and construed in accordance with the State of Colorado, United States of America, where the Provider offices are located, excluding any principles of law that may direct the application of the law of another state. Except as provided in the Injunctive Relief paragraph below, any action or proceeding related to or arising out of this Agreement will be brought only in a state or federal court located in Denver, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Injunctive Relief
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Provider will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Provider may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law paragraph above, will apply the laws of its own jurisdiction in determining whether Provider will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Provider’s rights to relief in either law or equity.
Miscellaneous
If any terms or conditions in this Agreement are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This Agreement is the entire agreement between you and Provider relating to the subject matter it contains.
Contact
Any inquiries concerning this Agreement should be directed to the Contact Us Link on South High Online.
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The South High Online Privacy Policy (last updated September 2007)
South High is committed to protecting the privacy of members of the South High Online community. Please read the following privacy policy to learn more about our information gathering and dissemination practices for this web site, www.southhighonline.com (the “Site”).
Scope
This policy covers how we treat personal information collected and received through the Site. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.
Information Collection
To use all of the features and services available through the Site, you must complete a contact information registration form. On this form, we ask you to provide certain personally identifiable information about you and the other users of your account, such as names, addresses, email addresses and phone numbers. Users also are provided with unique identifiers (such as username and password) so we can provide a more personalized experience on our site.
We store collected information through server log files and/or clear gifs to create user profiles. A user profile is stored information about an individual user that details his or her viewing preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide information and improve the content of the Site for the user.
Information Use
We may use personal information to communicate with you about services on the Site for which you have expressed interest or groups you have joined, and other general issues related to the maintenance and operation of the Site. Occasionally we may need to send service-related announcements; for example, if the Site is scheduled to be unavailable temporarily for maintenance, we might send you an email to let you know in advance of the scheduled downtime. We communicate on a regular basis to provide requested services and resolve account issues. We also may use personal information to personalize services and customize advertising for you.
We use aggregated information that is not traceable specifically to any individual user in order to evaluate users’ preferences, improve the Site (including the services and content available through the Site and the layout and organization of the Site) and facilitate reporting of Internet usage. User profiles may be used to tailor a user’s visit to the Site and to direct pertinent information to them.
Sharing of Information
We do not rent, sell or share information about you with unaffiliated companies or other people, except to provide products or services you have requested, when we have your permission, or under the following circumstances:
Community Directory: Unless you otherwise instruct us, we will include your personal information in a community directory that is available to other members of the community who have registered to use the Site and agreed to our Terms of Use Agreement. You may notify us upon registration or contact Customer Support later if you choose not to include your personal information in the community directory.
Affiliates and Site Sponsors: Personal information may be shared among the community, its developer, and the Site developer and its affiliates for the sole purposes of developing, hosting, managing, operating and supporting the Site.
Aggregate Information: We share aggregated demographic information with partners, affiliates and with potential community sponsors. This aggregate information is not linked or traceable to any personally identifiable information about any individual user.
Legal Disclosures: We reserve the right to disclose personal information in order to comply with a court order, subpoena or other legal process, or to establish or exercise our legal rights or defend against legal claims.
Investigation of Illegal Activities: It may be necessary for us to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use Agreement or as otherwise required by law.
Business Transitions: In the event of a business transition involving South High, such as a merger, acquisition by another company, or sale of assets, users’ personal information may be part of the assets transferred. Users will be notified via prominent notice on the Site prior to a change of ownership or control of their personal information.
Children
We ask that you provide certain information about the users of your account, including any children. If you add any child under age 13 to your account either upon registration or later, you agree that you thereby specifically grant us permission to collect, store, use and share information about them in accordance with the terms of this privacy policy. We will not directly contact children under age 13 about special offers or for marketing purposes without the permission of his or her parent or guardian. We will not ask a child under age 13 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
Links
This privacy policy applies solely to information collected through your access to and use of this Site. However, the Site contains links to other web sites owned or operated by third parties. Please be aware that we are not responsible for the information gathering and dissemination practices of such other sites, and this privacy policy does not apply to such other sites. When you leave this Site, we encourage you to read the privacy statements of every Web site that collects personally identifiable information about you.
Cookies
South High Online may set and access South High Online cookies on your computer. South High Online will not access other cookies or files on your computer.
Your Ability to Edit Your Account Information and Preferences
You can edit your South High Online Account Information at any time.
You can delete your South High Online account by requesting deletion with the Help Me link on the home page.
Surveys, Contests or Polls
From time-to-time, we may request additional information via surveys, contests, or polls. Participation in these surveys, contests and polls is completely voluntary; therefore you have a choice about whether or not to participate in the survey, contest or poll and to disclose this information. The requested information will typically include contact information (such as name and address), and demographic information (such as zip code). Contact information will be used or shared with the contest or survey sponsors to notify the winners and award prizes. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. If we use an intermediary to conduct any surveys or polls, the intermediary will not be permitted to use your personally identifiable information for any secondary purposes other than the conduct of the survey or poll. Except as otherwise stated in this paragraph, any personally identifiable information you provide in the course of participating in a survey, contest or poll will not be not shared with third parties without your prior authorization.
Security
We take every reasonable precaution to ensure that the transmission and storage of your personal information is secure. We limit access to personal information about you to our employees and agents who we believe reasonably need to have that information in order to develop, host, manage, operate and support the Site.
Correcting/Updating/Deleting/Deactivating Personal Information
If your personally identifiable information changes (such as phone, email or postal address), or if you no longer desires to access or use the Site, you can correct, update or deactivate sharing your personally identifiable information by choosing the Profile Button on the home page.
Notification of Changes
If we decide to change this privacy policy, we will post those changes to this privacy policy, the homepage, and other places we deem appropriate so you are always aware of the information we collect, how we use it, and under what circumstances, if any, we disclose it. We may also email users who have opted to receive communications from us notifying them of the changes in our privacy practices. You should check this web page periodically for changes to this privacy policy. Any changes to this privacy policy shall be effective immediately upon posting. If any change to this privacy policy is unacceptable to you, your only recourse is to terminate your use of the Site.
If we would like to use your personally identifiable information in a manner not permitted by the then-current version of our privacy policy, we will request your permission for such use via email. You may in your sole discretion choose whether or not to permit us to use the information in this different manner.
Contact Information
If you have any questions or suggestions regarding this policy, please contact us at:
South High Alumni
1700 E. Louisiana Ave
Denver, CO 80210-1810 |