Tech-Army Terms of Use
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the services offered on Tech-Army.org. By using the services offered on Tech-Army.org, you agree to be bound by this Agreement. You are only authorized to use the services offered on Tech-Army.org if you agree to abide by all applicable laws and to this Agreement. If you do not agree with this Agreement, you should leave the Tech-Army.org website and discontinue usage of the services offered on Tech-Army.org immediately.
This Agreement includes Tech-Army.org's policy for acceptable use of the services offered by Tech-Army.org and Content posted on the Tech-Army.org website, your rights, obligations and restrictions regarding your use of the services offered on Tech-Army.org and Tech-Army.org's Privacy Policy.
Tech-Army.org may modify this Agreement from time to time and such modification shall be effective upon posting by Tech-Army.org and the Tech-Army.org Website. You agree to be bound to any changes to this Agreement when you use the services offered by Tech-Army.org after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Tech-Army.org and that you provide to other Tech-Army.org users. Your Tech-Army.org profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Tech-Army.org members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Tech-Army.org assumes no responsibility or liability for this material. If you become aware of misuse of the services offered by Tech-Army.org by any person, please contact Tech-Army.org immediately.
Tech-Army.org reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restricted, suspend, or terminate your access to all or any part of the services offered by Tech-Army.org at any time, for any or no reason, with or without prior notice, and without liability. Tech-Army.org expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the services offered by Tech-Army.org if Tech-Army.org determines, in its sole discretion, that you pose a threat to Tech-Army.org and/or its users.
1. Eligibility - Use of and Membership in the services offered by Tech-Army.org is void where prohibited. By using the services offered by Tech-Army.org, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the services offered by Tech-Army.org does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning if we believe that you are under 14 years of age.
2. Term - This Agreement shall remain in full force and effect while you use the services offered by Tech-Army.org or are a member. You may terminate your membership at any time, by contacting Tech-Army.org. Tech-Army.org may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect.
3. Fees - You acknowledge that Tech-Army.org reserves the right to charge for the services offered by Tech-Army.org and change its fees from time to time in its discretion. If Tech-Army.org terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password - When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree 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 Tech-Army.org 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.
5. Non-commercial Use by Members - The services offered by Tech-Army.org are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Tech-Army.org. Illegal and/or unauthorized use of the services offered by Tech-Army.org, 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 Tech-Army.org website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the services offered by Tech-Army.org.
6. Proprietary Rights in Content on Tech-Army.org
A. Tech-Army.org does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the services offered by Tech-Army.org. After posting your Content to the services offered by Tech-Army.org, you continue to retain all ownership rights in such Content, and you may continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the services offered by Tech-Army.org, you hereby grant to Tech-Army.org a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the services offered by Tech-Army.org. The license you grant to Tech-Army.org is non-exclusive, meaning you are free to license your Content to anyone else in addition to Tech-Army.org, fully paid and royalty-free, meaning that Tech-Army.org is not required to pay you for any Content you post, sublicensable, so that Tech-Army.org is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the services offered by Tech-Army.org, and worldwide. This license will terminate at th etime you remove your Content from the services offered by Tech-Army.org. The license does not grant Tech-Army.org the right to sell your Content, nor does the license grant Tech-Army.org the right to distribute your Content outside of the services offered by Tech-Army.org.
B. You represent and warrant that: (1) you own the Content posted by you on or through the services offered by Tech-Army.org 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 services offered by Tech-Army.org does not violate 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 any reason of any Content posted by you to or through the services offered by Tech-Army.org.
C. The services offered by Tech-Army.org contain Content of Tech-Army.org. Tech-Army.org Content is protected by copyright, trademark, patent, trade secret and other laws, and Tech-Army.org owns and retains all rights in the Tech-Army.org Content and the services offered by Tech-Army.org. Tech-Army.org hereby grants you a limited, revocable, nonsublicensable license to reproduceand display the Tech-Army.org Content (excluding any software code) solely for your personal use in connection with viewing the Tech-Army.org website and using the services offered by Tech-Army.org.
D. The services offered by Tech-Army.org contain Content of users and other Tech-Army.org licensors. 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 services offered by Tech-Army.org.
7. Content Posted
A. Tech-Army.org may delete any Content that in the sold judgement of Tech-Army.org violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Tech-Army.org assumes no responsibility for monitoring the services offered by Tech-Army.org for inappropriate Content or conduct. If at any time Tech-Army.org chooses, in its sole discretion, to monitor the services offered by Tech-Army.org, Tech-Army.org nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of the services offered by Tech-Army.org, and any material or information that you transmit to other members and for your interactions with other users. Tech-Army.org does not endorse and has no control over the Content. Content is not necessarily reviewed by Tech-Army.org prior to posting and does not necessarily reflect the opinions or policies of Tech-Army.org. Tech-Army.org makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other members.
8. Content Activity Prohibited - The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the services offered by Tech-Army.org. Tech-Army.org reserves the right to investigate and take appropriate legal action against anyone who, in Tech-Army.org's sole discretion, violates this provision, including without limitation, removing the offending communication from the services offered by Tech-Army.org and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tech-Army.org:
A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. harasses or advocates harassment of another person;
C. exploits people in a sexual or violent manner;
D. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
E. solicits personal information from anyone under 18;
F. provides any telephone numbers, street addresses, last names, URLs or email addresses;
G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or lbelous;
H. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing information to circumvent manufacture-installed copy-protect devices, or prividing pirated music or links to pirated music files;
I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
J. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
K. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but no limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
L. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
M. involves commercial activities and/or sales without prior written consent such as contents, sweepstakes, barter, advertising, or pyramid schemes;
N. includes a photorgaph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Tech-Army.org website and through your use of the services offered on Tech-Army.org. Tech-Army.org reserves the right to investigate and take appropriate legal action against anyone who, in Tech-Army.org's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
A. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
B. advertising to, or solicitation of, any member to buy or sell any products or services through the services offered on Tech-Army.org. You may not transmit any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the services offered on Tech-Army.org in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, Tech-Army.org reserves the right to restrict the number of emails which a member may send to other Members in any 24-hour period to a number which Tech-Army.org deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the services offered on Tech-Army.org, you acknowledge that you will have caused substantial harm to Tech-Army.org, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Tech-Army.org $50 for each such unsolicited email or other unsolicited communication you send through the Tech-Army.org Services;
C. covering or obscuring the banner advertisements on your personal profile page, or any Tech-Army.org page via HTML/CSS or any other means;
D. any automated use of the system, such as using scripts to add friends or send comments or messages;
E. interfering with, disrupting, or creating an undue burden on the services offered on Tech-Army.org or the networks or services connected to the services offered on Tech-Army.org;
F. attempting to impersonate another member or person;
G. using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
H. selling or otherwise transferring your profile;
I. using any information obtained from the services offered on Tech-Army.org in order to harass, abuse, or harm another person;
J. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services offered on Tech-Army.org on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
K. using the services offered on Tech-Army.org in a manner inconsistent with any and all applicable laws and regulations.
9. 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. It is the policy of Tech-Army.org to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Tech-Army.org by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the services offered on Tech-Army.org in a way that constitutes copyright infringement, please contact Tech-Army.org.
10. Member Disputes - You are solely responsible for your interactions with other Tech-Army.org members. Tech-Army.org reserves the right, but has no obligation, to monitor disputes between you and other members.
11. Privacy - Use of services offered by Tech-Army.org is also governed by our Privacy Policy, which is incorporated into this Agreement by t his reference.
12. Disclaimers - Tech-Army.org is not responsible for any incorrect or inaccurate Content posted on the Tech-Army.org Website or in connection with the services offered by Tech-Army.org, whether caused by users of the services offered by Tech-Army.org or by any of the equipment or programming associated with or utilized in the services offered by Tech-Army.org. Profiles created and posted by members on the Tech-Army.org website may contain links to other websites. Tech-Army.org 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 Tech-Army.org. Inclusion of any linked website on the services offered by Tech-Army.org does not imply approval or endorsement of the linked website by Tech-Army.org. When you access these third-party sites, you do so at your own risk. Tech-Army.org takes no responsibility for third party advertisements which are posted on this Tech-Army.org Website or through the services offered by Tech-Army.org, nor does it take any responsibility for the goods or services provided by its advertisers. Tech-Army.org is not responsible for the conduct, whether online or offline, of any User of the services offered by Tech-Army.org. Tech-Army.org 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. Tech-Army.org 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 or players due to technical problems or traffic congestion on the Internet or on any of the services offered by Tech-Army.org or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the services offered by Tech-Army.org. Under no circumstances shall Tech-Army.org be responsible for any loss or damage, including personal injury or death, resulting from use of the services offered by Tech-Army.org, attendance at a Tech-Army.org event, from any Content posted on or through the services offered by Tech-Army.org, or from the conduct of any Users of the services offered by Tech-Army.org, whether online or offline. The services offered by Tech-Army.org are provided "AS-IS" and as available and Tech-Army.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Tech-Army.org cannot guarantee and does not promise any specific results from use of the services offered by Tech-Army.org.
13. Limitation on Liability - IN NO EVENT SHALL Tech-Army.org 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 Tech-Army.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Tech-Army.org'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 Tech-Army.org FOR THE services offered by Tech-Army.org DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls - Software available in connection with the services offered by Tech-Army.org (the "Software") is further subject to United States export controls. No Software may be downloaded from the services offered by Tech-Army.org or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes - If there is any dispute about or involving the services offered by Tech-Army.org, you agree that the dispute shall be governed by the laws of the State of Ohio, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Ohio, County of Butler County.
16. Indemnity - You agree to indemnify and hold Tech-Army.org, 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 services offered by Tech-Army.org 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 Tech-Army.org Website or through the services offered by Tech-Army.org causes Tech-Army.org to be liable to another.
17. Other - This Agreement is accepted upon your use of the Tech-Army.org Website or any of the services offered by Tech-Army.org and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and Tech-Army.org regarding the use of the services offered by Tech-Army.org. The failure of Tech-Army.org 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. Tech-Army.org is a trademark of Tech-Army.org, Inc. 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 Tech-Army.org with any questions regarding this Agreement.
