The webpages available at www.nttga.net, and all linked pages ("Site"), are owned and
operated by NTTGA. ("NTTGA"), a third generation f-body organization, and is accessed by
you under the Terms of Use described below ("Terms of Use"). PLEASE READ THESE TERMS OF
USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE
SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO
BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE
SITE. NTTGA'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS
AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE
CONSIDERED AN OFFER BY NTTGA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS. MODIFICATIONS OF TERMS OF USE NTTGA reserves the right, at its sole discretion, to
modify or replace the Terms of Use at any time. If the alterations constitute a material
change to the Terms of Use, NTTGA will notify you via email. What constitutes a "material
change" will be determined at NTTGA's sole discretion, in good faith and using common
sense and reasonable judgment. You shall be responsible for reviewing and becoming
familiar with any such modifications. Use of the Services by you following such
notification constitutes your acceptance of the terms and conditions of the Terms of Use
as modified.'
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, NTTGA may offer to provide certain
services and content, as described more fully on the Site, ("Services"). Services shall
include, but not be limited to, any service and content NTTGA performs for you, as well
as the offering of any materials displayed or performed on the Site (including, but not
limited to text, user comments, messages, information, data, graphics, news articles,
photographs, images, illustrations, software, audio clips and video clips, also known as the
"Content") on the Site. NTTGA may change, suspend or discontinue the Services including any
Content for any reason, at any time, including the availability of any feature or
content. NTTGA may also impose limits on certain features and services or restrict
your access to parts or all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with NTTGA and
select a password and screen name ("NTTGA User ID"). You shall provide
NTTGA with accurate, complete, and updated registration information. Failure to
do so shall constitute a breach of the Terms of Use, which may result in
immediate termination of your NTTGA account. You may not (i) select or use as
a NTTGA User ID a name of another person with the intent to impersonate that
person; (ii) use as a NTTGA User ID a name subject to any rights of a person
other than you without appropriate authorization; or (iii) use as a NTTGA User ID
a name that is otherwise offensive, vulgar or obscene. NTTGA reserves the right
to refuse registration of, or cancel a NTTGA User ID in its discretion. You shall
be responsible for maintaining the confidentiality of your NTTGA password.
Services are available only to individuals who are at least 13 years old, whether
acting on their own behalf or as an authorized employee or representative of a
corporation or other business entity. If you do not so qualify, do not attempt to
register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is
unlawful or prohibited by these Terms of Use, or any other purpose not
reasonably intended by NTTGA.
By way of example, and not as a limitation, you agree not to use the Services:
- 1. to abuse, harass, threaten, impersonate or intimidate other NTTGA users;
- 2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- 3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- 4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any NTTGA user;
- 5. to create or submit unwanted email or private messages ("Spam") to any other NTTGA users or any URL;
- 6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
- 7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
NTTGA may remove any Content and NTTGA accounts at any time for any
reason (including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content), or for no reason at all. To
report Terms of Use abuse, please email: webmaster@NTTGA.net
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any
kind at or on the Site or otherwise through the Services, unless source quoted, you
represent and warrant that you own all rights in the Content and you agree that the
Content will be subject to the Creative Commons Public Domain License,
available at http://creativecommons.org/licenses/publicdomain/.
COPYRIGHT COMPLAINTS
NTTGA respects the intellectual property of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please email
webmaster@NTTGA.net.
NTTGA PRIVACY POLICY
NTTGA's current privacy policy is available at
www.NTTGA.net/privacypolicy.php (the
"Privacy Policy"), which is incorporated by this reference.
INDEMNITY
You will indemnify and hold harmless NTTGA, its parents, subsidiaries,
affiliates, customers, vendors, officers and employees from any liability, damage
or cost (including reasonable attorney fees and costs) from (i) any claim or
demand made by any third party due to or arising out of your access to the Site,
use of the Services, violation of the Terms of Use by you, or the infringement by
you, or any third party using your account or NTTGA User ID, of any intellectual
property or other right of any person or entity.
WARRANTY DISCLAIMERS
You acknowledge that NTTGA has no control over, and no duty to take any
action regarding: which users gain access to the Site; what effects the Content
may have on you; how you may interpret or use the Content; or what actions you
may take as a result of having been exposed to the Content. You release NTTGA
from all liability for you having acquired or not acquired Content through the Site.
The Site may contain, or direct you to sites containing, information that some
people may find offensive or inappropriate. NTTGA makes no representations
concerning any content contained in or accessed through the Site, and NTTGA
will not be responsible or liable for the accuracy, copyright compliance, legality
or decency of material contained in or accessed through the Site. THE SERVICE,
CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
LINKS
The Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because NTTGA has no control over such sites and
resources, you acknowledge and agree that NTTGA is not responsible for the
availability of such external 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 such sites or resources. You further acknowledge and agree that
NTTGA shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such site or
resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NTTGA OR ITS SUPPLIERS BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER
LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR
ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER
ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.
TERMINATION
NTTGA may terminate or suspend any and all Services and your NTTGA account
immediately, without prior notice or liability, if you breach any of the terms or
conditions of the Terms of Use. Upon termination of your account, your right to
use the Services will immediately cease. If you wish to terminate your NTTGA
account, you may simply discontinue using the Services. All provisions of the
Terms of Use which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the
Terms of Use and you do not have any authority of any kind to bind NTTGA in
any respect whatsoever. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further rights
hereunder. NTTGA shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond NTTGA's reasonable
control, including, without limitation, mechanical, electronic or communications
failure or degradation (including "line-noise" interference). If any provision of the
Terms of Use is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that the Terms of Use
shall otherwise remain in full force and effect and enforceable. The Terms of Use
is not assignable, transferable or sublicensable by you except with NTTGA's prior
written consent. NTTGA may transfer, assign or delegate the Terms of Use and
its rights and obligations without consent. The Terms of Use shall be governed by
and construed in accordance with the laws of the state of Texas, as if made within
Texas between two residents thereof, and the parties submit to the exclusive
jurisdiction of the Superior Court of Tarrant County and the United States District
Court for the Northern District of Texas. Notwithstanding the foregoing sentence,
(but without limiting NTTGA's right to seek injunctive or other equitable relief in
any court of competent jurisdiction), any disputes arising with respect to this
Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator
shall be selected by joint agreement of the parties. In the event the parties cannot
agree on an arbitrator within thirty (30) days of the initiating party providing the
other party with written notice that it plans to seek arbitration, the parties shall
each select an arbitrator affiliated with JAMS, which arbitrators shall jointly
select a third such arbitrator to resolve the dispute. The written decision of the
arbitrator shall be final and binding on the parties. The arbitration proceeding
shall be carried on and heard in North Texas using the English language and
pursuant to the rules of JAMS. In any action or proceeding to enforce rights under
the Terms of Use, the prevailing party will be entitled to recover costs and
attorneys' fees. Both parties agree that the Terms of Use is the complete and
exclusive statement of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of the Terms of Use, and that all
modifications must be in a writing signed by both parties, except as otherwise
provided herein.
TRADEMARKS
NTTGA, North Texas Third Generation Association, and other NTTGA graphics,
logos, designs, page headers, button icons, scripts, and service names are
registered trademarks, trademarks or trade dress of NTTGA in the U.S. and/or
other countries. NTTGA's trademarks and trade dress may not be used, including
as part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion.
