||Terms and Conditions
|ACCEPTANCE OF TERMS.
Welcome to MarqueeStreet.com (the “Web Site”). Dogman Enterprises Inc. (the “Owner”) provides this service to you (“you” or the “user”) subject to the following Terms of Service (the “Terms”). Please review the Terms carefully before continuing on with your use of the Web Site. By accessing or using the Web Site, you agree to be bound by the Terms. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS, DO NO USE THIS WEB SITE. The Owner reserves the right, in its sole discretion, to alter, update, amend or otherwise modify these Terms at any time. Any alterations, updates, amendments or modifications shall become effectively immediately upon posting on the Web Site. By using the Web Site after such alterations, updates, amendments or modifications have been posted you agree to be bound by such revised Terms. The Owner encourages you to review the most current version of these Terms often.
DESCRIPTION OF SERVICE. The Owner currently provides its’ members with access to the Web Sites, a collection of information, communications tools, and other on-line resources that the Owner operates, owns and licenses (the “Service”). Unless explicitly stated otherwise, all new features that enhance the current Service, including but not limited to the release of new Owner services, are subject to these Terms. The Owner reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. The Owner is not liable to you or to any third party for any modification, suspension or discontinuance of your service.
REGISTRATION. In Order to access all features and functions of the Service, you must complete and submit the online registration form. If you do not complete and submit the online registration form, you may be able to access limited areas of the Service, but you will not be able to fully access the Service. You must provide accurate, current and complete information about yourself (the “Registration Data”) as prompted by the Service’s registration form, and maintain and promptly update the Registration Data to keep it accurate, current and complete.
The Service is intended to allow you to keep in touch with other alumni for personal purposes only, and not for business or commercial purposes. To prevent the use of the addresses or other information contained in the Service for any public, private, commercial or political mailing (all are strictly prohibited.) no such personal contact information is available through the Service. Use of any information available on the Service is subject to the provisions of the USER CONDUCT section below.
We may disclose to third parties certain aggregate information contained in Your Registration Date or related data. That information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that the disclosure is reasonably necessary to comply with the law, legal process, to enforce these Terms of Service, to protect the rights or property of the Owner, to protect the personal and informational safety of Users or the public in exigent circumstances, or as the Owner determines is reasonably necessary to maintain or efficiently operate the Service (such as the operation of servers hosting the Service). Certain technical processing of communications and their content may be required to: (a) send and receive messages; (b) conform to connecting networks’ technical requirements; (c) conform to the limitations of the Service; or (d) conform to other similar requirements. Such processing and alteration are automated and do not constitute the exercise of editorial control over the messages or communications or the monitoring of content.
The Owner may collect personally identifiable information about individuals. Personally identifiable information on individual Users will be used on the Web Site. The Owner will not release any personally identifiable information from individuals outside of the Web Site. The Owner reserves the right to contact a User regarding account status, changes to the Terms, and other matters relevant to the Service and/or the information collected and to use personally identifiable information for purposes of supporting the Owner’s operations.
Non-personal information and data may be automatically collected through the standard operation of the Service or through the use of “cookies”. “Cookies” are small text files that a web site transmits to Your computer and which are stored on Your computer. Cookies permit users to store their password and other user information without having to constantly re-enter this data. Cookies also permit the Owner to tailor our website to your needs. Most browsers permit users to decline to accept cookies, although the default setting is typically to accept them. You may choose to decline cookies, but certain functions of the website may not be accessible to you.
USER ACCOUNT, PASSWORD AND SECURITY. During the Service’s registration process you will create a specific username and password for your account. You are responsible for maintaining the confidentiality of the password and account, and You are fully responsible for all activities that occur under Your password or account. You must immediately notify the Owner of any unauthorized use of your password or account or any other breach of security. The Owner will not be liable for any loss or damage arising from your failure to comply with this section.
USER CONDUCT. You understand that all information, data, text, software, music, sound, photographs, video, messages or other materials or communications (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which that Content originated or was originally posted on the Web Site. This means that You, and not the Owner, are entirely responsible for all Content that you post or otherwise transmit using the Service. You may not use the Service to (or attempt to):
ABUSIVE CONDUCT. Owner reserve the right to terminate your account and may file suit against you or any representative of your organization/representation if you are in violation as defined and determined by the consequences for abusive conduct. We may seek compensation from you for potential damage to our reputation caused by your actions. Owner has the right and obligation to work with authorities regarding any suspected violation of this code of ethics. To report abusive conduct, please contact us immediately at firstname.lastname@example.org. While we are under no obligation to police the site, we will try to remove or deal with any parties that are in violation.
- Post or transmit any Content that, under the circumstances in the Owner’s good faith judgment is, or is likely to be perceived by an intended or unintended but foreseeable recipient or target as unlawful, harmful, threatening, abusive, harassing, “stalking”, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, or harmful to minors in any way, or violating of other generally prevailing standards of “netiquette” (such as failing to show respect for others’ ideas or failing to stay “on topic” in discussions), or rules that may apply to specific portions of the Service that you use;
- Impersonate any person or entity, including but not limited to any Owner official, alumni, student or other, falsely state or other misrepresent your official affiliation with a person or entity, or manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- 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, including but not limited to commercial advertising, solicitation, cold-calling or mass mailing;
- Post or otherwise transmit any Content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Post or otherwise transmit any Content that inaccurately implies endorsement, approval or sponsorship by the Owner or any of our offices or officers;
- Post or other transmit any Content that infringes any privacy, publicity, patent, trademark, trade secret, copyright or other proprietary rights of any person or entity, including but not limited to communications that violate other users’ privacy, such as granting access to the Service or distributing information obtained from the Services to non-alumni;
- Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use any distribution lists including or listing any person who has not given specific permission to be included in that list;
- Post or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any software or equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects others users’ ability to engage in real time exchanges;
- Interfere with or disrupt use or enjoyment of the Service or servers or networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations relating to the export or transmission of technical data regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law; or
- Collect or store personal data about other users except as expressly permitted under these Terms.
CONTENT ACCESSED. The Owner does not control or endorse the Content available through the Service and does not guarantee the accuracy, reliability, integrity or quality of that 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 Owner be liable in any way for any Content, including but not limited to 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 or otherwise transmitted using the Service. You must evaluate, and bear all risks associated with, the use of any Content, including but not limited to any reliance on the accuracy, completeness or usefulness of that Content. In this regard, you may not rely on any Content created by the Owner or submitted to the Owner, including but not limited to information in forums and other parts of the Service.
CONTENT SUBMITTED. The Owner does not own Content you submit unless we specifically advise you otherwise prior to your submission. You license the Content to the Owner as set forth below for the purpose of displaying and distributing that Content in connection with the Service. By submitting Content to the Service you grant, or warrant that the owner of that Content has expressly granted, to the Owner the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. The Owner’s right to display, reproduce, modify, adapt, publish, and create derivative works from your Content is only for the purpose of making your Content accessible to users of the Service, providing the Service and promoting the Service. By way of illustration and not of limitation, the Owner may copy submitted information onto multiple computers to aid in quickly displaying such information or to backup such information to reduce the risk of loss. The Owner may use your content in promotions of the Service. The Owner may use different kinds of systems or use other organizations to help serve the pages of the Service that may contain your Content, and in doing so, the format of your Content may need to be changed, such as images being changed from JPEG format to GIF format. The Owner does not pre-screen Content, but the Owner and its designees and service providers have the right, but not the obligation, in their sole discretion to refuse, edit, move or remove any Content that is available through the Service. Without limiting the foregoing, the Owner and its designees and service providers have the right to remove any Content that violates these Terms or is otherwise objectionable.
INDEMNITY. You agree to indemnify and hold the Owner, its service providers, and their respective directors, trustees, officials, managers, faculty, officers, employers, agents and contractors, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Content that you provide, your use of the Service, or your violation of these Terms of Service.
LINKS. The Service may provide, or service providers or other third parties may provide, links to other World Wide Web sites or resources. Because the Owner has no control over those sites and resources, the Owner is not responsible for the availability of those sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from any of those sites or resources. Neither the Owner nor any of its service providers is responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any Content, goods or services available on or through any of those sites or resources.
DISCLAIMER OF WARRANTIES. You expressly understand and agree that:
LIMITATION OF LIABILITY. You expressly understand and agree that the Owner and its service providers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use or data or other intangible losses (even if the Owner or its service providers have been advised of the possibility of such damages and regardless of the form of action whether in contract, negligence or other tort, strict product liability, or otherwise) including, but not limited to, losses resulting from:
- all content, services, products and software provided on this web site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. The Owner and each of its service providers expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- neither the Owner nor any of its service providers make any 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 or transactions entered into by you through the service will meet your expectations; or (v) any defects in the service will be corrected;
- you obtain any material through the service at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material; and
- no advice or information, whether oral or written, obtained by you from the Owner or any of its service providers or through or from the service creates any warranty not expressly stated in these terms of service.
DISCLOSURE. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations listed above may not apply to you, and you might have additional rights.
- the use or inability to use the service;
- the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- changes to these terms of service;
- failure by the Owner or its designee to enforce these terms of service;
- termination, suspension or unavailability of the service or any part of the service or any associated features or functions; or
- any other matter relating to the service.
Any rights not expressly granted herein are reserved by the Owner.
- These Terms and the relationship between you and the Owner are governed by the laws of the State of Kansas without regard to its conflict of law provisions. The Owner makes no representation that content in the Web Site is appropriate for or available for use in other locations. Those who choose to access the Web Site for other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. You may not use or export any materials in the Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Kansas as they are applied to agreements entered into and to be entirely performed therein. Any action you, the Owner or any third party brings to enforce these Terms, or in connection with any matters related to the Web Site, shall be brought only the either the state or Federal courts located in the State of Kansas and you expressly consent to the jurisdiction of said courts. This is a services contract and not a contract for the sale of goods. The United Nations Convention of contracts for the International Sales of Goods does not apply to these Terms.
- The failure of the Owner to exercise or enforce any right under or provision of these Terms does not constitute a waiver of that right or provisions.
- If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and/or enforceability of any remaining provisions.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
- These Terms constitute and agreement only between you and the Owner and, other than the Owner’s service providers, there is not third party beneficiary to any of the obligations under these Terms of Service.
- These Terms constitute the entire agreement between you and the Owner and govern your use of the Service, superceding any prior representations, proposals, inducements, assurance, promises, agreement and any other communications between You and the Owner with respect to the subject matter of these Terms. Neither the course of conduct between You, the Owner and/or its service providers, nor trade practice, modifies these Terms.