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End-User
Service Agreement
EZYEARBOOKS LLC’S (EZYEARBOOKS) SERVICES ARE USED IN PROVIDING THESE
SERVICES TO YOU ON THIS SITE ("SERVICES") AND INCLUDE PROPRIETARY
MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS
END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM EZYEARBOOKS,
WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS
OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED
USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES
YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND EXHIBIT A HERETO.
IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
EZYEARBOOKS, LLC
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is an agreement
between you, an individual or an individual acting on behalf of your
employer, a corporation, partnership, or other legal entity that will
be using EZ Yearbooks services ("User"), EZ Yearbooks LLC,
a Delaware Limited Liability Corporation located at 213 Merrimack Meadows
Lane Tewksbury Massachusetts 01876 ("Company"), and the School
or Organization through which you have requested EZ Yearbooks services
("Client"). EZ Yearbooks services, as described below in Section
2 and Exhibit A hereto (the "Services"), include proprietary
materials, the use of which is subject to the terms and conditions of
this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company on behalf of Client, are provided to
User under the terms and conditions of this Agreement and Exhibit A hereto,
any amendments to this Agreement and/or Exhibit A, and any operating
rules or policies that may be published from time to time by Company
and Client, all of which are hereby incorporated by reference. This Agreement
comprises the entire agreement between User and Company and supersedes
any prior agreements pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company, on behalf of Client, is providing User with any or all of the
following services: (a) content management system; (b) yearbook editing
and submission system; (c) community services; and (d) any other services
which Company may elect to provide on behalf of Client in the future.
These Services are provided to User at the discretion of Client, and
Company has no obligation to provide the Services directly to User. Company
does not charge User for the Services (though Company may do so at any
time in the future), but may charge for enhancements User may elect to
obtain.
Company and Client also reserve the right to modify or discontinue, temporarily
or permanently, the Services with or without notice to User. User agrees
that Company, Client, and their third party service providers shall not
be liable to User or any third party for any modification or discontinuance
of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services.
In consideration of use of the Services, User agrees to: (a) provide
true, accurate, current, and complete information about User as prompted
by the registration form; and (b) to maintain and update this information
to keep it true, accurate, current, and complete. If any information
provided by User ("Registration Data") is untrue, inaccurate,
not current, or incomplete, Company and Client have the right to terminate
User's account and refuse any and all current and/or future use of the
Services.
4. USE OF REGISTRATION DATA
User acknowledges that Registration Data is to be shared between Company
and Client. Company and Client agree not to contact User if User informs
Company of User's preference not to be contacted. Company shall inform
Client if User states a preference not to be contacted. However, Company
shall not be responsible or liable if Client contacts User, permits a
third party to contact User, or provides or discloses User's Registration
Data to any third party.
User agrees that Company, Client, or a designee of Company or Client
may disclose Registration Data to third parties about User and information
about User's use of the Services, provided that such disclosures do not
include User's name, mailing address, email address, telephone or facsimile
number, or account number, unless: (a) User has otherwise authorized
Company and/or Client to disclose such information; (b) such disclosure
is required by law or legal process; or (c) User violates any of the
terms set forth in Section 7 below.
This Agreement includes the terms and conditions of Company's Privacy
Policy, a copy of which is located at http://www.ezyearbooks.com/privacy.htm,
and which is hereby incorporated by reference. In the event that there
exists any inconsistency between this Agreement and the Privacy Policy,
the terms and conditions of the Privacy Policy shall take precedence.
5. USER CONTENT
Company and Client consider email transmitted via the Services to be
the private correspondence of the sender. Neither Company nor Client
will monitor, edit, or disclose the contents of a User's private communications,
except that User agrees that Company, Client, and their third party service
providers may do so: (a) as required by law; (b) to comply with legal
process; (c) if necessary to enforce this Agreement; (d) to respond to
claims that such contents violate the rights of third parties; or (e)
to protect the rights or property of Company, Client, its third party
service providers, or others.
User acknowledges that content posted to public community areas is publicly
available and that Company does not take any responsibility for such
content. However, Company reserves the right to remove any public content
posted by a User that violates any law or condition of this Agreement,
upon notice of such violation.
User understands and agrees that technical (and sometimes manual) processing
of email communications, search requests, community postings, and any
other information supplied by User is and may be required: (a) to send
and receive messages; (b) to conform to the technical requirements of
connecting networks; (c) to conform to the limitations of the Services;
or (d) to conform to other, similar technical requirements.
User acknowledges and agrees that Company, Client and their third party
service providers do not endorse the content of any User communications
and are not responsible or liable for any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent,
tortuous, or otherwise objectionable content, or content that infringes
or may infringe the intellectual property or other rights of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose its user name and password. User agrees
to choose a user name which is unique, not obscene, unlawful, or otherwise
objectionable, in Company's sole discretion. Company shall own User's
complete user name.
User is responsible for maintaining the confidentiality of the password
and account, and is fully responsible for all activities that occur under
User's account. User agrees to immediately notify Company of any unauthorized
use of User's password or account or of any other breach of security.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international
laws and regulations during use of the Services, and agrees not to interfere
with the use and enjoyment of the Services by other users. User agrees
to be solely responsible for the contents of User's private and public
communications, whether uploaded, posted, emailed, or otherwise transmitted
through the Services.
User agrees: (a) not to use the Services for illegal purposes; (b) not
to interfere with or disrupt the Services or servers or networks connected
to the Services; (c) to comply with all requirements, procedures, policies,
and regulations of networks connected to the Services; (d) not to resell
the Services or use of or access to the Services; and (e) to comply with
all applicable laws regarding the transmission of technical data exported
from the United States.
User agrees not to upload, post, email, or otherwise transmit through
the Services: (a) any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or
otherwise objectionable material of any kind; (b) any material that violates
the rights of another, including, but not limited to, the intellectual
property rights of another; (c) any material that violates any applicable
local, state, national, or international law or regulation; or (d) unsolicited
or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain
letters," or other forms of solicitation. User agrees not to attempt
to gain unauthorized access to other computer systems or networks connected
to the Services. User acknowledges and agrees that Company may ban User
from future use of the Services if User does not comply with Company's
standards of conduct, even if User attempts to use the Services through
another Client or under a different name. Furthermore, User acknowledges
and agrees that Company may recover damages from User if User violates
these terms.
8. INDEMNITY
User agrees to indemnify and hold Company, Client, and their third party
service providers, and their 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 Services, User's connection to the Services, User's violation
of this Agreement, or User's violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS
Company, Client, and their third party service providers assume no responsibility
for the deletion or failure to store messages, communications, or other
content maintained or transmitted through the Services. Company may establish
in its sole discretion an upper limit on the extent of storage space
it will maintain for User.
10. TERMINATION
(a) User agrees that Company, Client, or their third party service providers
may terminate User's password, account, or use of the Services if Company,
Client, or their third party service providers believe: (i) that User
has violated or acted inconsistently with the letter or spirit of this
Agreement; or (ii) that User has violated the rights of Company, Client,
or their third party service providers or other Users or parties. User
further agrees that Company, Client, and their third party service providers
may terminate User's password, account, or use of the Services if User
fails to use the Services at least one time during a reasonable period
of time, which shall not be less than sixty (60) days, as determined
from time to time by Company and Client.
(b) User agrees Company and Client may immediately delete User's account
and all related information, communications, and files, and may bar any
further access to such account, communications, files, or the Services
under any provision of this Agreement. User also acknowledges and agrees
that termination of any of the Services may be effected without prior
notice.
11. LINKS
The Services may provide, or users may include in email or community
postings, links to other Web sites or resources. However, User agrees
not to include in email or community postings (or elsewhere via the Services)
any "deep link" which leads to a web page, other than the home
page, of another party's web site unless such a link is authorized by
the owner of that web site. User acknowledges and agrees that Company,
Client, and their third party service providers are not responsible for
the availability of such external sites or resources, or for User's use
of deep links, and that Company, Client, and their third party service
providers 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.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited
to, text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented
to User through the Services or third party advertisers is protected
by copyrights, trademarks, service marks, patents, or other proprietary
rights and laws. User acknowledges and agrees that User is permitted
to use this material and information only as expressly authorized by
Company, Client, or advertisers, as applicable, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information
without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE
RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
(b) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS 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.
(c) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO
WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
COMPANY, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA,
OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE
SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR
ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH
OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES,
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR
DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, CLIENT, OR THEIR THIRD PARTY
SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR
NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for termination of Services
to account holders who are repeat offenders. However, USER ACKNOWLEDGES
AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES,
WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE
ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY
REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512
OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING
TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO SOME USERS.
15. AMENDMENT
Company may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting or other method of notification
to User, which notice may be provided on the Web pages through which
User accesses or uses the Services. User's continued access or use of
the Services shall be deemed to be User's conclusive acceptance of the
modified Agreement.
16. GENERAL
Company's and Client's third party service providers are intended beneficiaries
of this Agreement. Company shall not be liable to User for any breach
by Client of this Agreement or the Privacy Policy. This Agreement and
the relationship between User and Company and Client shall be governed
by the laws of the State of Massachusetts without regard to its conflict
of law provisions. User, Company, and Client agree to submit to the personal
and exclusive jurisdiction of the courts located within the state of
Massachusetts. The failure of Company, Client, and their third party
service providers to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If
any provision of this Agreement 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 rule that the other provisions of this Agreement remain in full force
and effect. User agrees 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 Services or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
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