Translation Disclaimer and Website Usage Agreement
Site Translation Disclaimer
Please be aware that all documents written in English have been translated into the other languages using Google Translator. This is an experiment in communication with the goal of reaching a wider audience. We understand that the translations may fall well short of the standard which may be expected of Serra. Please be patient with us as we work to remedy this shortcoming.
Serra International Web Portal Usage Agreement
The parties to this agreement (hereafter, “Agreement”) are a Serran, Serra Club, Serra District, Serra Council, or Visitor (hereafter, “Users”) and Serra International (hereafter, “Serra”).
TERMS OF SERVICE
Serra owns the Web portal www.serra.org (hereafter, “Portal”) which is comprised of various Web pages and micro-sites. The Portal is offered to Users conditional upon acceptance without modification of the terms, conditions, and notices contained in this Agreement. Use of the Portal by Users constitutes agreement by Users to all such terms, conditions, and notices.
Serra reserves the right to change the terms, conditions, and notices under which the Portal and micro-sites are offered, including but not limited to the charges (if any) associated with the use of the Portal and any micro-site. To fit the immediate verbal context or the more remote total context, particular words or punctuation may be disregarded or supplied, clerical or grammatical errors may be corrected, and singular may be treated as plural or plural as singular.
LINKS TO THIRD PARTY SITES
The Portal may contain links to other Web sites ("Linked sites"). The Linked sites are not under the control of Serra and Serra is not responsible for the contents of any Linked site, including without limitation any link contained in a Linked site, or any changes or updates to a Linked site. Serra is not responsible for Web-casting or any other form of transmission received from any Linked site. Serra is providing these links to Linked sites to Users only as a convenience, and the inclusion of any link does not imply endorsement by Serra of the sites or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
Users warrant to Serra, as a condition of their use of the Portal, that they will not use the Portal for any purpose that is either unlawful or prohibited by these terms, conditions, and/or notices. Users shall not use the Portal in any manner which could possibly damage, disable, overload, or otherwise interfere with the use or enjoyment of the Portal by any other party. Users shall neither obtain nor attempt to obtain any material or information through any means not specifically provided by the Portal.
USE OF THE COMMUNICATION SERVICES
The Portal may contain communication services such as bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities that are designed to enable Users to communicate with other users or groups (hereafter, "Communication Services"). Users agree to use the Communication Services only to post, or send messages and material that are appropriate and applicable to the Communication Services.
- Users shall not, when using the Communication Services, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity of others) or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Users shall not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless Users own or control the rights thereto or have received all necessary consents.
- Users shall not upload files that contain viruses, corrupted files, or any other similar software or programs that could possible damage the operation of the computer of any other party.
- Users shall not advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
- Users shall not conduct or forward surveys, contests, pyramid schemes or chain letters.
- Users shall not download any file posted by another user of the Communication Services that Users know, or reasonably should know, cannot be legally downloaded.
- Users shall not falsify or delete any author attribution, legal or other proper notices or proprietary designation or label of the origin or source of software or other material contained in a file that Users upload.
- Users shall not restrict or inhibit the use or enjoyment of the Communication Services by another user.
- Users shall not violate any code of conduct or other guidelines that may be applicable for any particular Communication Services.
- Users shall not gather or otherwise collect information about other parties, including e-mail addresses, without their consent.
- Users shall not violate any applicable laws or regulations.
- Users agree and understand that Serra is not obliged to monitor the Communication Services. Users further agree that Serra may reserve the right to review materials posted to the Communication Services and to remove, at its sole discretion, any materials or information without notice for any reason whatsoever. Users further agree that Serra may reserve the right to terminate the access of Users to any or all of the Communication Services at any time without notice for any reason whatsoever.
- Users agree that Serra reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Serra's sole discretion.
Serra recommends the use of caution when divulging any personal information while using the Communication Services. Serra does not control or endorse the content, messages or information found in the Communication Services and, therefore, Serra specifically disclaims any liability with regard to the Communication Services and any actions resulting from the participation by Users in the Communication Services. Managers and hosts are not authorized spokespersons for Serra, and their views do not necessarily reflect those of Serra. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. Users agree to accept responsibility for compliance with such limitations if any material is downloaded from the Portal.
MATERIALS PROVIDED TO THE SITE OR POSTED AT ANY MICRO-SITE
Serra does not claim ownership of the materials provided to the Portal or any of the micro-sites (including feedback and suggestions) or posted, uploaded, inputted and/or submitted to the Site or any micro-site or its associated services (hereafter "Uploaded Materials"). However, by posting, uploading, inputting, providing or submitting Uploaded Materials, Users agree to grant to Serra, its associates or necessary sub-licensees permission to use the Uploaded Materials in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Uploaded Materials and to publish names of Users in connection with the Uploaded Materials. No compensation shall be paid with respect to the use of the Uploaded Materials, as provided in this paragraph. Serra is under no obligation to post and/or use any Uploaded Materials provided to Serra, and may remove any Uploaded Materials at any time from the Site or any micro-site at its sole discretion. By posting, uploading, inputting, providing or submitting the Uploaded Materials, Users warrant and represent that Users own or otherwise control all of the rights to the Uploaded Materials as described in this section including, without limitation, all the rights necessary for Users to provide, post, upload, input or submit the Uploaded Materials.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND/OR ANY MICRO-SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SERRA AND/OR ITS SUPPLIERS AND ASSOCIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR ANY MICRO-SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR THE MICRO-SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND USERS SHOULD ALWAYS CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE APPLICABLE TO USERS’ SPECIFIC SITUATION.
SERRA AND/OR ITS SUPPLIERS AND ASSOCIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR ANY MICRO-SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SERRA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERRA AND/OR ITS SUPPLIERS AND ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SERRA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, USERS’ SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR ANY MICRO-SITE SERVICE AND CONTACT SERRA AT ITS PRINCIPAL PLACE OF BUSINESS.
Serra reserves the right, in its sole discretion, to terminate the access of Users to the Portal and/or any micro-site, the related services and/or any portion thereof at any time without notice for any reason whatsoever.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Illinois, U.S.A. and Users hereby consent to the exclusive jurisdiction and venue of courts in Chicago, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Portal or any micro-site. Use of the Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Serra's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Serra's right to comply with governmental, court and law enforcement requests or requirements relating to use of the Site by Users or information provided to or gathered by Serra with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between Users and Serra with respect to the Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Users and Serra with respect to the Portal. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Site are Copyright 2009-2012 Serra and/or its authorized representatives. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Enquiries not relevant to the following procedure will not receive a response. Pursuant to Title 17, United States Code, Section 512 (c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider's Designated Agent.