Terms and Conditions
1. Services and Conditions of
Use
Welcome to the OHS Class of 1960 online Service.
As part of our service, OHS Class of 1960
agrees to provide you with quality photographs,
articles, resources and other computer services
that OHS Class of 1960 may decide to offer,
subject to the terms of this Agreement. Upon notice
published through the Service, OHS Class of 1960
may modify this Agreement at any time. You agree
and continue to agree to use OHS Class of 1960
Services in a manner consistent with all applicable
laws and regulations and in accordance with the
terms and conditions set out in the policies and
guidelines outlined below. Please note that you
will be referred to as "Customer" from
time to time in this Agreement.
2. Software Libraries and Copyrighted
Materials
The downloading of copyrighted material is not allowed
by Customers. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially exploit
or otherwise transfer any copyrighted material.
The burden of determining that any information,
software or any other content on the Service is
not protected by copyright rests with the Customer.
Customer acknowledges that OHS Class of 1960
and/or third-party content providers remain the
owners of the posted materials, and that Customer
can not acquire any of those ownership rights by
downloading copyrighted materials. Downloading of
said copyrighted materials and files, including
photographs, resources, text, graphics, is strictly
forbidden and will result in immediate termination
of Customer's account at OHS Class of 1960.
3. Limitation Of Liability And
Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY
AT CUSTOMER'S OWN RISK. JOURNEY CIRCL
SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION,
SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING
WITHOUT LIMITATION THE PROFOTOS ONLINE SOFTWARE
LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED
THROUGH THE SERVICE. SPECIFICALLY, OHS Class of 1960
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR
SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT
OHS Class of 1960 IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER OHS Class of 1960 NOR ANY OF ITS
AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
4. Trademarks
OHS Class of 1960® is a registered service mark of OHS Class of 1960. All other trademarks appearing
on the Service are trademarks of their respective
owners.
5. Notice
OHS Class of 1960 may give notice to Customers
by means of a general notice on the Service, electronic
mail to Customer's e-mail address on record in OHS Class of 1960 account information, or by written
communication sent by first class mail to a Customer's
address on record in OHS Class of 1960 account
information. You may give notice to OHS Class of 1960 (such notice shall be deemed given when
received by OHS Class of 1960 at any time
by any of the following:
Electronic mail to
.
6. Indemnification
Customer agrees to indemnify and hold OHS Class of 1960 harmless from any dispute which may
arise from a breach of terms of this Agreement.
Customer agrees to hold OHS Class of 1960
harmless from any claims and expenses, including
reasonable attorney's fees and court costs, related
to Customer's violation of this Agreement, including
the Rules of Conduct or any information, software
or other content placed on the Service by Customer.
7. Termination Of Service
User may terminate this Agreement and User's right
to use the Service by sending a cancellation email
to
.
OHS Class of 1960 may terminate your account
or access rights to this Service at any time, without
notice, for conduct that OHS Class of 1960
believes violates this Agreement or other policies
or guidelines that OHS Class of 1960 has posted
on a OHS Class of 1960 service. OHS Class of 1960 may terminate your account or access
rights to this Service for online conduct that OHS Class of 1960 believes is harmful to other Customers,
to OHS Class of 1960 business, or to other
information providers.
8. Choice Of Law
This Agreement shall be construed and controlled
by the laws of the State of Texas. Further, any dispute
arising from the terms of this agreement or a breach
of this Agreement will be governed by the laws of
the State of Texas. Customer agrees to personal jurisdiction
by the state and federal courts sitting in the State
of Texas.
9. Merger Clause
This Agreement constitutes the entire agreement
between the parties with respect to the subject
matter contained herein and supersedes all previous
and contemporaneous agreements, proposals and communications,
written or oral between OHS Class of 1960
representatives and Customer. OHS Class of 1960
may amend or modify this Agreement or impose new
conditions at any time upon notice from OHS Class of 1960 to Customer as published through the
Service. Any use of the Service by Customer after
such notice shall be deemed to constitute acceptance
by Customer of such amendments, modifications or
new conditions.