
Last Revised Oct 5, 2007
The
following User Agreement ("Agreement") governs the use of
www.rkcgaa.com ("Website"), including without limitation participation
in its bulletin boards, forums, personal ads, chats, and all other
areas (except to the extent stated otherwise on a specific page) as
provided by Rutgers Korean Cultural Group ("Service Provider," "we," or
"our").
Please read the rules contained in this Agreement
carefully. You can access this Agreement any time at
http://www.rkcgaa.com/useragreement. Your use of and/or registration on
any aspect of the Website will constitute your agreement to comply with
these rules. If you cannot agree with these rules, please do not use
the Website.
In addition to reviewing this Agreement, please
read our Privacy Policy. Your use of the Website constitutes agreement
to its terms and conditions as well.
The Agreement may be
modified from time to time; the date of the most recent revisions will
appear on this page, so check back often. Continued access of the
Website by you will constitute your acceptance of any changes or
revisions to the Agreement.
Your failure to follow these rules,
whether listed below or in bulletins posted at various points in the
Website, may result in suspension or termination of your access to the
Website, without notice, in addition to Service Provider's other
remedies.
I. Registration and Account Creation
1. REGISTRATION INFORMATION:
Service Provider may at times require that you register and/or set up
an account to use certain portions of the Website, or the Website as a
whole. In order to do so, you may be provided, or required to choose, a
password, User Id, and/or other registration information (collectively,
"Registration Information"). You agree and represent that all
Registration Information provided by you is accurate and up-to-date. If
any of your Registration Information changes, you must update it by
using the appropriate update mechanism on the Website, if available.
Otherwise, contact our Privacy Policy Coordinator as described in our
Privacy Policy.
2. USE OF USER ID/PASSWORD:
1. If you register and/or set up an account on the Website, you will be
solely responsible for maintaining the confidentiality of your
Registration Information. You may not authorize others to use your
Registration Information. You may not sub-license, transfer, sell or
assign your Registration Information and/or this Agreement to any third
party without our written approval. Any attempt to do so will be null
and void and shall be considered a material breach of this Agreement.
2. You are solely responsible for all usage or activity on your account
including, but not limited to, use of the account by any person who
uses your Registration Information, with or without authorization, or
who has access to any computer on which your account resides or is
accessible.
3. If you have reason to believe that
your account is no longer secure (for example, in the event of a loss,
theft or unauthorized disclosure or use of your Registration
Information or any credit, debit or charge card number stored on the
Website), you must promptly change the affected Registration
Information by using the appropriate update mechanism on the Website,
if available, or notify our Privacy Policy Coordinator as described in
our Privacy Policy.
3. FEES AND PAYMENTS:
1.
We do not charge you anything for using this Website, however, we may
add the feature where you can donate through Website.
II. Rules of Usage:
1. USE OF THE WEBSITE BY YOU:
1. Unless otherwise specified, the Website is intended for your
personal use only. You may not authorize others to use the Website, and
you are responsible for all use of the Website by you and by those you
allow to use, or provide access to, the Website.
2.
The Website contains material that is protected by state, national and
international copyright, trademark and other intellectual property
laws. You may not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any way any material, including code and
software, from the Website. You may download material from the Website
and may use the Website for your personal use only, provided you keep
intact all copyright and other proprietary notices.
3. The Website is not intended for users under the age of 13, and
Website Provider does not knowingly collect personally identifiable
information from users under the age of 13. Such users are expressly
prohibited from submitting their personally identifiable information to
us, and from using our forums and chat areas; any information submitted
by such users will not knowingly be used, posted, or retained by us.
4. You agree not to use any obscene, indecent, or offensive language or
to place on the Website any material that is defamatory, abusive,
harassing, racist, or hateful. Further, you may not place on the
Website any material that is encrypted, constitutes junk mail or
unauthorized advertising, or commercial offers, invades anyone's
privacy, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or that otherwise violates any
local, state, federal, national or international law or regulation. You
agree to use the Website only for lawful purposes and you acknowledge
that your failure to do so may subject you to civil and criminal
liability.
5. You are responsible for ensuring that
any material you provide to the Website or post on a bulletin board or
forum or elsewhere, including but not limited to text, photographs and
sound, does not violate the copyright, trademark, trade secret or any
other personal or proprietary rights of any third party or is posted
with the permission of the owner(s) of such rights.
6. The content, organization, graphics, text, images, video, design,
compilation, advertising and all other material on the Website,
including without limitation, the "look and feel" of this website, are
protected under applicable copyrights and other proprietary (including
but not limited to intellectual property) rights and are the property
of Website Provider or its licensors. The copying, rearrangement,
redistribution, modification, use or publication by you, directly or
indirectly, of any such matters or any part of the website, including
but not limited to the removal or alteration of advertising, except for
the limited rights of use granted hereunder, is strictly prohibited.
7. You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or
otherwise, of material obtained through the Website, except as
permitted by the Copyright Act or other law or as expressly permitted
in writing by this Agreement, Service Provider or the Website.
8. You agree not to disrupt, overwhelm, attack, modify or interfere
with the Website or its associated software, hardware and/or servers in
any way, and you agree not to impede or interfere with others' use of
the Website. You further agree not to alter or tamper with any
information or materials on or associated with the Website.
9. Other than connecting to Service Provider's servers by http requests
using a Web browser, you may not attempt to gain access to Service
Provider's servers by any means - including, without limitation, by
using administrator passwords or by masquerading as an administrator
while using the Website or otherwise.
10. You
acknowledge that Service Provider has not reviewed and does not endorse
the content of all sites linked to from this Website and is not
responsible for the content or actions of any other sites linked to
from this Website. Your linking to any service or site is at your sole
risk.
2. EDITING AND DELETIONS:
Service Provider
reserves the right, but undertakes no duty, to review, edit, move or
delete any material provided for display or placed on the Website or
its bulletin boards, in its sole discretion, without notice.
3. ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the Website.
Such additional rules will be posted in the relevant parts of the
Website. Your continued use of the Website constitutes your agreement
to comply with these additional rules.
4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE
WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES
AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR
PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS
THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS
TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES,
ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO
VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE
PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING
OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE
OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO
ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE
MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY
AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF
OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
5. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:
Service Provider has the right to terminate and/or suspend your ability
to access the Website or any portion thereof, for any or no reason,
without notice.
6. JURISDICTION:
Service Provider
makes no representation that materials on the Website are appropriate,
available or legal in any particular location. Those who choose to
access the Website do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable.
You agree that this Agreement, for all
purposes, shall be governed and construed in accordance with the laws
of the State of New Jersey applicable to contracts to be wholly
performed therein, and any action based on, relating to, or alleging a
breach of this Agreement must be brought in a state or federal court in
New Jersey. In addition, both parties agree to submit to the exclusive
personal jurisdiction and venue of such courts.