MILITARY-BRATS REGISTRY TERMS OF SERVICE
Welcome and thank you for your interest in the MILITARY-BRATS REGISTRY. By using the MILITARY-BRATS REGISTRY Web site and services, you agree to be bound by these Terms of Services (this "Agreement"), whether or not you register as a member ("Member").
If you wish to become a Member and communicate with other Members and otherwise make use of the MILITARY-BRATS REGISTRY service (the "Service"), read these Terms of Service and indicate that you agree to these terms by following the instructions when you sign up for membership. Also, by registering for membership, you agree to transact electronically with MILITARY-BRATS REGISTRY.
The MILITARY-BRATS REGISTRY Service
Portions of the MILITARY-BRATS REGISTRY service are subscription-based with different levels of memberships. Certain membership plans will be subject to subscription fees.
Qualifications for Registration and Use of MILITARY-BRATS REGISTRY
You must be a current or former "Military Brat""DoDDS Teacher" or friend or family of either in order to use the MILITARY-BRATS REGISTRY Web site or to register for membership. In order to become a Member, you must register for the Service. You must register in your own name and provide true and current information. MILITARY-BRATS REGISTRY will open an account for you once you have successfully completed registration.
You can review the memberships plans that are available to you, including their subscription fees (if any) and what features those plans offer, by going to the "FAQ" area on the Service. Registration information also can be found in the "Buy Subscription" area on the Service.
You are responsible for all activity on your account. You agree to comply with all applicable laws, rules and regulations regarding your use of MILITARY-BRATS REGISTRY. You agree to comply with all rules and guidelines on the service. MILITARY-BRATS REGISTRY may take any action against you and your account, ranging from a warning to termination, if you or anyone using your account violates these terms or any other guidelines or policies of MILITARY-BRATS REGISTRY. MILITARY-BRATS REGISTRY is not required to provide notice prior to terminating your account.
You agree to keep confidential the passwords associated with your account. You agree to indemnify and hold harmless MILITARY-BRATS REGISTRY for losses incurred by MILITARY-BRATS REGISTRY or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential. You are responsible for any materials you post or make available on or through MILITARY-BRATS REGISTRY, including message board posts, chat participation, homepages, personal profiles and member profiles. Additionally, you alone are responsible for the consequences of any content you post or otherwise make available on or through MILITARY-BRATS REGISTRY.
Your License to MILITARY-BRATS REGISTRY
By submitting the photo(s) and any other information and postings on MILITARY-BRATS REGISTRY, (the "Content"), you hereby grant MILITARY-BRATS REGISTRY, its operators, affiliates, subsidiaries, assigns, licensees and Suppliers the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Content (as such may be edited and modified by MILITARY-BRATS REGISTRY in its discretion) through the MILITARY-BRATS REGISTRY service and such other products or services as MILITARY-BRATS REGISTRY may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. While you retain ownership of all right, title, and interest in the Content itself, you agree that MILITARY-BRATS REGISTRY owns all right, title, and interest in any compilation, collective work or other derivative work created by MILITARY-BRATS REGISTRY using or incorporating the Content. You represent and warrant that (i) the Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including any right to privacy or publicity. You hereby hold MILITARY-BRATS REGISTRY harmless from and against any third party claim arising from use of the Content. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.
Use of MILITARY-BRATS REGISTRY
You agree not to use MILITARY-BRATS REGISTRY to post, distribute, or otherwise make available any content or materials -- including text, communications, software, images, sounds, data, or other information -- that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of or the Content submitted for a profile, or otherwise violates the rules or policies MILITARY-BRATS REGISTRY;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of the MILITARY-BRATS REGISTRY service, MILITARY-BRATS REGISTRY or any Supplier.
Any images uploaded to your personal profiles must be recent photographs of yourself. MILITARY-BRATS REGISTRY reserves the right to take down any content that may violate this Agreement, MILITARY-BRATS REGISTRY policies, MILITARY-BRATS REGISTRY guidelines or the law.
Do Not Post Contact Information
You agree not to post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, chat rooms, message boards, etc.) maintained within MILITARY-BRATS REGISTRY. The term "contact information" includes but is not limited to any person's full name, email addresses, phone numbers, mailing addresses, place of employment, URLs, Screen Names, ICQ numbers or any kind of instant messaging identification. MILITARY-BRATS REGISTRY reserves the right, but it has no obligation, to remove any contact information they might find in such public areas. YOU ACKNOWLEDGE AND AGREE THAT MILITARY-BRATS REGISTRY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY OTHER USER OR MEMBER OF MILITARY-BRATS REGISTRY AND THAT THE ENTIRE RISK FALLS ON YOU. You are solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of "contact information" with any user or member of MILITARY-BRATS REGISTRY.
Under no circumstances should you post or otherwise make available images of genitalia or other graphic sexually oriented content in your personal profiles or in any other public areas within MILITARY-BRATS REGISTRY; if you do, MILITARY-BRATS REGISTRY maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or content, and/or terminate your membership to MILITARY-BRATS REGISTRY. MILITARY-BRATS REGISTRY may disclose any Content, electronic communication, evidence or potential evidence of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate MILITARY-BRATS REGISTRY; (iii) to protect the rights or property of MILITARY-BRATS REGISTRY, including their affiliates, subsidiaries, you or others; (iv) to prevent fraud; (v) for credit risk reduction; and (vi) to enforce these Terms of Service. Unsolicited Bulk Communications
You may not use MILITARY-BRATS REGISTRY to harvest or collect information about MILITARY-BRATS REGISTRY users, including e-mail addresses, and use that information for the purpose of sending unsolicited bulk communications, such as "spam" e-mails or unsolicited bulk messages. Likewise, you may not use the MILITARY-BRATS REGISTRY services to send unsolicited bulk communications on the service. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that MILITARY-BRATS REGISTRY may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within MILITARY-BRATS REGISTRY's computer networks.
Billing and Fees
The following terms apply if you have joined as a Member under a plan that is subject to a membership fee. All membership fees are due in advance. All membership fees are nonrefundable unless provided otherwise in your subscription plan. Surcharges apply if you use certain payment methods (such as payment from your checking account). Under most plans, your subscription will be automatically renewed and your payment method will be charged on a yearly or other specified basis, depending upon the advertised terms for your account, and your subscription will continue unless your membership is cancelled or terminated.
You can go to "EMail Us" on the MILITARY-BRATS REGISTRY service or contact a customer service representative at 909-335-9435 to get information about billing or to determine the status of your bill and the amount of any surcharge.
Any trial promotion (such as free trial time or access to a preview service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use MILITARY-BRATS REGISTRY (see "Communications Charges", below).
Your payment responsibilities
You must select a payment method to pay for your fees for any subscription service and for all purchases made from MILITARY-BRATS REGISTRY. You must give MILITARY-BRATS REGISTRY accurate billing and payment information and keep this information up-to-date through the "Edit Profile" area on MILITARY-BRATS REGISTRY. You agree to pay MILITARY-BRATS REGISTRY for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize MILITARY-BRATS REGISTRY to charge your designated payment method for these charges. If MILITARY-BRATS REGISTRY does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by MILITARY-BRATS REGISTRY or its operators.
When you use MILITARY-BRATS REGISTRY subscription services, you reaffirm that (i) MILITARY-BRATS REGISTRY (or its designated vendor acting as MILITARY-BRATS REGISTRY's billing agent) is authorized to charge your designated payment method for services that require payment; (ii) MILITARY-BRATS REGISTRY may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is cancelled or terminated. This does not apply to free services offered. Subscription services are charged either monthly, yearly, or one time depending on the level of service you choose.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.
You must notify MILITARY-BRATS REGISTRY's customer services about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to MILITARY-BRATS REGISTRY's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
You are responsible for obtaining and maintaining at your expense all equipment and services needed to access MILITARY-BRATS REGISTRY. For example, if you are using a dial-up access service you are responsible for any telephone charges you may incur by accessing MILITARY-BRATS REGISTRY. No matter what Internet access service you use, please call your local phone company to ensure that the access number(s) you select will be local calls for your calling plan. This is especially important if there have been changes in area code designations, in your telephone service providers, or in your calling plan. You are also responsible for any communications charges you may incur by accessing MILITARY-BRATS REGISTRY through any communication networks, such as a cable or wireless carrier. Your carrier may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
Changes to MILITARY-BRATS REGISTRY
MILITARY-BRATS REGISTRY in its sole discretion may change or discontinue any or all aspects of the MILITARY-BRATS REGISTRY service without notice, including changing vendors, access to support services, Content and other products or services ancillary to the MILITARY-BRATS REGISTRY service or a MILITARY-BRATS REGISTRY membership.
MILITARY-BRATS REGISTRY may modify these Terms of Service, change its fees and change its billing methods at any time. You will be notified of any change in pricing or material changes to the Terms of Service at least thirty (30) days in advance. If you disagree with any proposed change, your sole remedy is to cancel your membership or discontinue using the Service before such change takes effect. Otherwise, you will be bound by the revised terms if you keep your membership or if you keep using the Service. You will not be entitled to any refund if you choose to cancel your membership for this reason.
Your Use of Content
MILITARY-BRATS REGISTRY, its Suppliers and its Members who lawfully post images, photographs, messages and other information ("Site Content") on MILITARY-BRATS REGISTRY own the property rights to that Site Content. The Site Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information to be used only as authorized by MILITARY-BRATS REGISTRY or its Suppliers. You agree that you will not take any action to interfere with MILITARY-BRATS REGISTRY's or its Suppliers' ownership of or rights in the Site Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Site Content.
You may use any Site Content available on MILITARY-BRATS REGISTRY only for personal, non-commercial purposes. You may not use the Site Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Site Content or creating an unauthorized derivative work.
MILITARY-BRATS REGISTRY is not required to pre-screen Site Content on MILITARY-BRATS REGISTRY, although it reserves the right to do so in its sole discretion. MILITARY-BRATS REGISTRY is not liable for Site Content that is provided by others. MILITARY-BRATS REGISTRY reserves the right to remove Site Content that, in its sole judgment, does not comply with or meet its standards, but MILITARY-BRATS REGISTRY is not responsible for any failure or delay in removing such material.
DISCLAIMER OF WARRANTIES
YOUR USE OF MILITARY-BRATS REGISTRY IS AT YOUR SOLE RISK. MILITARY-BRATS REGISTRY IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, MILITARY-BRATS REGISTRY AND THE SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE MILITARY-BRATS REGISTRY SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. MILITARY-BRATS REGISTRY AND THE SUPPLIERS DO NOT WARRANT THAT THE MILITARY-BRATS REGISTRY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ACCESSIBLE AT ALL TIMES OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. MILITARY-BRATS REGISTRY AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF YOU USE OF THE MILITARY-BRATS REGISTRY SERVICES.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YOUR USE OF OR MEMBERSHIP WITH MILITARY-BRATS REGISTRY IS THE CANCELLATION OF YOUR ACCOUNT AND TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL MILITARY-BRATS REGISTRY'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF THE MILITARY-BRATS REGISTRY AND AIM SERVICES EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID DURING A ONE-YEAR PERIOD.
MILITARY-BRATS REGISTRY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF MILITARY-BRATS REGISTRY, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH MILITARY-BRATS REGISTRY. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MILITARY-BRATS REGISTRY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MILITARY-BRATS REGISTRY'S AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MILITARY-BRATS REGISTRY AND THE SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH MILITARY-BRATS REGISTRY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon a request by MILITARY-BRATS REGISTRY, you agree to defend, indemnify and hold harmless MILITARY-BRATS REGISTRY and its Suppliers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or from the use of MILITARY-BRATS REGISTRY, or in connection with your transmission of any Content or Site Content on MILITARY-BRATS REGISTRY. MILITARY-BRATS REGISTRY and Suppliers reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification in that matter.
You may cancel, or MILITARY-BRATS REGISTRY may terminate, your membership at any time. You may cancel your membership by calling 909-335-9435, by sending a fax to (530)326-7474, or by sending a letter to MILITARY-BRATS REGISTRY's Customer Service Department at: MILITARY-BRATS REGISTRY, 466 Orange St #280 , Redlands, CA 92374. Cancellation will take effect within 72 hours of receipt of your request. Since subscription fees are paid in advance and are not refundable, you will have membership privileges until the end of your billing period. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee, contact MILITARY-BRATS REGISTRY to have the changes reversed. Complete information on MILITARY-BRATS REGISTRY's cancellation procedures is available at the FAQ area on the MILITARY-BRATS REGISTRY service.
Except as otherwise provided above, cancellation of your account is your sole right and remedy with respect to any dispute regarding your use or membership with MILITARY-BRATS REGISTRY. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or MILITARY-BRATS REGISTRY's enforcement or application of these Terms of Service; (2) any policy or practice of MILITARY-BRATS REGISTRY, their Privacy Policies, or their enforcement or application of these policies; (3) the Site Content available on MILITARY-BRATS REGISTRY or any change in Site Content; (4) your ability to access and/or use MILITARY-BRATS REGISTRY; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You are not entitled to any credits in the event that your Account is terminated or canceled. MILITARY-BRATS REGISTRY must give you express permission before it will reactivate your account if MILITARY-BRATS REGISTRY previously terminated your membership for violating the Terms of Service or due to an outstanding balance.
General Legal Terms
These Terms of Service, as published on MILITARY-BRATS REGISTRY, the terms provided at registration and billing terms posted on MILITARY-BRATS REGISTRY constitute the entire and only agreement regarding your account. These Terms of Service supersede all representations, agreements and other communications regarding your membership. Only MILITARY-BRATS REGISTRY can amend this Member Agreement by posting the changes on the MILITARY-BRATS REGISTRY service. If any term of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from these Terms of Service as if it had not been included from the beginning and the remainder of the Terms of Service enforced according to its terms.
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies from MILITARY-BRATS REGISTRY upon any person other than you. You also agree that any guidelines posted on MILITARY-BRATS REGISTRY, including enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
Choice of Law; Choice of Forum
The laws of the State of California, excluding its conflicts-of-law rules, govern these Terms of Service and your membership. You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to your membership or your use of MILITARY-BRATS REGISTRY resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving the MILITARY-BRATS REGISTRY. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Electronic Delivery Policy and Your Consent
By affirmatively signing up for a MILITARY-BRATS REGISTRY, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with MILITARY-BRATS REGISTRY electronically from MILITARY-BRATS REGISTRY (collectively, "Notices"). You agree that MILITARY-BRATS REGISTRY generally can send you electronic Notices by (i) e-mail to the email address you provide at registration and/or (ii) by "pop up notice" on MILITARY-BRATS REGISTRY and/or by (iii) posting the Notices on a main page or channel page of the relevant MILITARY-BRATS REGISTRY feature.
You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an internet browser or a Macintosh-based operating system with an internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of MILITARY-BRATS REGISTRY. The delivery of any Notice is effective when sent by MILITARY-BRATS REGISTRY, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by calling, sending a fax, or a letter to MILITARY-BRATS REGISTRY's customer service department at the address and phone numbers listed in the FAQ area of MILITARY-BRATS REGISTRY; however, if you choose to withdraw consent, MILITARY-BRATS REGISTRY may terminate your membership and subscriptions to MILITARY-BRATS REGISTRY and delete any Content you posted on MILITARY-BRATS REGISTRY. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Information for California Residents
Under California Civil Code Section 1789.3, California MILITARY-BRATS REGISTRY members are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using MILITARY-BRATS REGISTRY may be obtained by calling 909-335-9435. MILITARY-BRATS REGISTRY reserves the right to change fees, surcharges, and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95830, or by telephone at 1-916-445-1254.
Please note that MILITARY-BRATS REGISTRY will employ vendors to perform functions for MILITARY-BRATS REGISTRY, such as, managing the Web Site, billing and customer support services. These vendors may have access to your personal information needed to perform their functions but they may not use the information for other purposes.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify MILITARY-BRATS REGISTRY.