1. The Bottom Line
2. Modification to Agreement.
Things change. So do we. We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on ACEsConnection. Your use of ACEsConnection after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes.
3. Use Common Sense.
A “Visitor” is someone who is browsing through ACEsConnection -- anyone can look at any public information. A “Member” is someone who has registered with ACEsConnection. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
Give careful thought to the information you post about yourself in your profile on ACEsConnection and that you choose to share with other Users. Certain information should never be included in your Member profile, specifically telephone numbers, email addresses and street addresses.
During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your name, birth date, residence city, state, country, and email address (“Registration Information”). By using ACEsConnection, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of ACEsConnection does not violate any applicable law or regulation.
You authorize ACEsConnection to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. ACEsConnection reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that ACEsConnection cannot guarantee the accuracy of any information submitted by any User of ACEsConnection, nor any identity information about any User.
You affirm that you are 18 years of age or older. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
ACEsConnection is not intended for children under 18. If you are under 18 years of age, please do not use ACEsConnection. There are many web sites out there that are appropriate for you, and you should talk with your parents or guardian about what sites are OK for you to visit. Although we cannot absolutely control whether minors gain unauthorized access to ACEsConnection, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
5. Registration Information and Membership Security; Fees; Access to ACEsConnection
During the registration process, you will be asked to enter your first and last name.
During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another Member’s account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for ACEsConnection. Your disclosure of your password to any other person is entirely at your own risk. Although ACEsConnection will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.
Currently all the services offered by ACEsConnection is free. Though it is not in our current plans, you acknowledge that we reserve the right to charge for some or all aspects of ACEsConnection. You may cancel your Membership at any time. On your election to cancel, your Membership will be cancelled within 24-48 hours; however, if you have paid for access to specific Services in advance through a specific date, you will be permitted to use those Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of this Agreement, your access will be terminated and you shall not be entitled to the refund of any unused portion of fees.
ACEsConnection has the right at any time for any reason or no reason to suspend or terminate your Membership, terminate this Agreement, and/or refuse any and all current or future use of the Sites without notice or liability to you. In the event that ACEsConnection suspends or terminates your Membership or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership, or for anything else.
ACEsConnection does not provide Internet access. You are solely responsible for any fees associated with your Internet connection.
ACEsConnection reserves the right to interrupt ACEsConnection with or without prior notice for any reason or no reason. You agree that ACEsConnection will not be liable for any interruption of the network, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. ACEsConnection has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Sites as it sees fit in its sole discretion.
6. Non-Commercial Use, Surveys
ACEsConnection is for the personal use of Members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of ACEsConnection, including collecting names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to ACEsConnection is prohibited. Commercial advertisements, affiliate links, market research, network marketing and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of ACEsConnection.
It is OK to refer other members to other resources and talk about what you do to other members. It is NOT OK to advertise or promote products or services without the explicit consent of the site administrator(s). This includes promoting charities, asking for donations, or using one’s “My Page” for self-promotion purposes, without contributing back to the community. If you would like to post a link to your blog, but have commercial interests or products available for purchase on your blog, you are allowed ONE posting of your url on your main profile page in the field for "What is the address for your Twitter profile or other web site, if any?" You may not post links to your blog elsewhere in our forums, blogs, or other member activity areas or use links in your signature or member name.
If you want to conduct a survey with the participation of Members of the community (even if it's not for commercial use), you need to obtain permission prior to the survey being published. To do so, please contact Jane Stevens, site administrator. Surveys posted without prior approval can be removed without notification.
We moderate the content multiple times per day. Everything that is posted on the site is reviewed. Whenever a particular contribution is found to violate our Terms of Service, it is acted on immediately according to the nature of the violation.
7.1. Access to Content
You acknowledge that: (i) by using ACEsConnection you may have access to pictures, digital images, graphics, music, video, audio, text and other creative output (collectively, “Content”), and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are “Content Providers”). ACEsConnection does not pre-screen Content.
You acknowledge that ACEsConnection, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of ACEsConnection or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
7.2. Ownership of Content; License
In order for you to use this site, you have to load your stuff on it and we have to host it. That means you are giving us permission to host it. We don’t own it, we just have a digital copy of it. You retain copyright and other intellectual property rights with respect to your Content, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to ACEsConnection and to other Users of ACEsConnection.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and ACEsConnection will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using ACEsConnection, including without limitation any legal consequences relating to your intellectual property rights; and (iii) ACEsConnection’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of ACEsConnection’s intention not to require users of ACEsConnection to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
OK, we do own some things: you agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using ACEsConnection, you do not own the Membership you use to access ACEsConnection, nor do you own any data ACEsConnection stores on its servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to ACEsConnection or any rights to data stored by or on behalf of ACEsConnection.
If you are providing information that doesn't come from personal experience, provide details about the sources you reference.
7.3. Your Use of Content
Content available through ACEsConnection is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to ACEsConnection and Content.
You may access User Content solely:
• for your information and personal use;
• as intended through the normal functionality of ACEsConnection; and
• for Streaming (as in the case of photo slideshows and videos offered through ACEsConnection).
“Streaming” means a contemporaneous digital transmission of an audio or audiovisual work via the Internet from the ACEsConnection to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited.
Users have the opportunity to provide comments about Content, your profile and any number of topics on ACEsConnection (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ACEsConnection. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of ACEsConnection or otherwise as prohibited under this Agreement.
You may access ACEsConnection Content, User Content and other Content only as permitted under this Agreement. ACEsConnection reserves all rights not expressly granted in and to the ACEsConnection Content and ACEsConnection.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through ACEsConnection.
You agree not to circumvent, disable or otherwise interfere with security-related features of ACEsConnection or features that prevent or restrict use or copying of any Content or enforce limitations on use of ACEsConnection or the Content therein.
You understand that when using ACEsConnection, you will be exposed to User Content from a variety of sources, and that ACEsConnection is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ACEsConnection with respect thereto, and agree to indemnify and hold ACEsConnection, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents -including but not limited to Administrators of our communities-, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of ACEsConnection.
7.4. Membership Termination Policy
Please mind your manners while you’re on our sites or using our service. We regret to tell you that, in our sole and commercially reasonable discretion, we will terminate a Member’s access to ACEsConnection if, under appropriate circumstances, they are determined to be a repeat offender.
Although we’re not necessarily policing content, if we get wind of something, keep in mind we reserve the right to decide whether Content is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate a Member’s access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretio
8. General Use of the Sites
You have a nonexclusive, limited, revocable license to use ACEsConnection while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that ACEsConnection deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from ACEsConnection and terminating the Membership of such violators.
You agree that you shall not:
• Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
• Impersonate any person or entity without their consent, including, but not limited to, an ACEsConnection employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Make unauthorized use of any ACEsConnection trademarks or service marks;
• Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
• Take any action or upload, post, e-mail or otherwise transmit Content as determined by ACEsConnection, in its sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that ACEsConnection considers in its sole discretion to be of such nature;
• Interfere with or disrupt ACEsConnection or servers or networks connected to ACEsConnection, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
• Attempt to gain access to any other Member’s Membership account or password; or
• “Stalk,” abuse or attempt to abuse, or otherwise harass another User. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership.
You agree that ACEsConnection may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on ACEsConnection in its sole discretion, without notice to you.
9. Dealing With Other Members; Limitation of Liability
It’s our space, but we don’t always know what’s going on. ACEsConnection is a service provider, which means, among other things, that we do not control each and every aspect of ACEsConnection. You acknowledge that ACEsConnection is a service provider that may offer Users opportunities to interact online regarding topics and content chosen by other Users. Generally, we do not regulate Users’ interactions with ACEsConnection or communications with each other. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of ACEsConnection. You are solely responsible for your interactions with other Users.
As a condition of access to ACEsConnection, you release ACEsConnection (and ACEsConnection’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors including without limitation webmasters, web designers and web administrators) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of ACEsConnection.
You further understand and agree that: (a) ACEsConnection will have the right but not the obligation to resolve disputes between Users relating to ACEsConnection, and ACEsConnection’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent ACEsConnection elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Sites and will not make judgments regarding legal issues or claims; (c) ACEsConnection's resolution of such disputes will be final with respect to ACEsConnection but will have no bearing on any real-world legal disputes in which Users of the Sites may become involved; and (d) you hereby release ACEsConnection (and ACEsConnection’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, including without limitation webmasters, web designers and web administrators) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with ACEsConnection’s resolution of disputes relating to ACEsConnection.
10. Membership Termination.
This Agreement shall remain in full force and effect while you use ACEsConnection or are a Member. You may terminate your Membership at any time, for any reason, by sending a message to Jane Stevens, site administrator, or removing yourself from the site through the mechanism designated for that purpose in the Settings section. ACEsConnection may terminate your Membership at any time without warning. Even after Membership is terminated, this Agreement will remain in effect.
11. Transfer of Membership and Assignment.
A single Membership may be used by a single legal entity (such as a band whose legal entity is a partnership) at ACEsConnection’s sole discretion and subject to ACEsConnection’s requirements. You may not assign or transfer your Membership, this Agreement or any or all of your rights hereunder, and any attempt to do so is void.
All or any of ACEsConnection’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of ACEsConnection in a merger, acquisition or sale of all or substantially all of ACEsConnection’s assets.
In the event a dispute arises between you and ACEsConnection, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and ACEsConnection agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or ACEsConnection (a “Claim”) in accordance with one of the subsections below.
12.1. Governing Law.
This Agreement and the relationship between you and ACEsConnection shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
12.2. Forum for Disputes
You and DHF agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Francisco, California except as provided in Subsection 13.3 below regarding optional arbitration. Notwithstanding this provision, you agree that ACEsConnection shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
12.3. Optional Arbitration
For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.4. Improperly Filed Claims
All Claims you bring against ACEsConnection must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, ACEsConnection may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that ACEsConnection has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
13. Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity.
13.1. No Liability for Accumulated Content
When using ACEsConnection, you may accumulate Content that resides as data on ACEsConnection’s servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON ACEsConnection’s SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ACEsConnection’S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING ACEsConnection, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, ACEsConnection DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON DHF’S SERVERS.
YOU UNDERSTAND AND AGREE THAT ACEsConnection HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
13.2. ACEsConnection Is Provided “As Is”
ACEsConnection PROVIDES YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, ACEsConnection does not ensure continuous, error-free, secure or virus-free operation of ACEsConnection or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on ACEsConnection’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
13.3. Further Limitations of Liability
IN NO EVENT SHALL ACEsConnection OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS, INCLUDING WITHOUT LIMITATION WEBMASTERS, WEB DESIGNERS AND WEB SITE ADMINISTRATORS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT ACEsConnection MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL ACEsConnection’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that ACEsConnection cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Sites.
13.4. Your Indemnification of ACEsConnection
At ACEsConnection’s request, you agree to defend, indemnify and hold harmless ACEsConnection, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of ACEsConnection, including without limitation webmasters, web designers and web side administrators) from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Sites. You agree to defend, indemnify and hold harmless ACEsConnection, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors including without limitation webmasters, web designers and web side administrators, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in ACEsConnection infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
14. General Provisions.
This Agreement is accepted upon your use of ACEsConnection and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ACEsConnection regarding the use of ACEsConnection.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
ACEsConnection is controlled and operated by ACEsConnection from its offices within the State of California, United States of America. We make no representation that any aspect of ACEsConnection or our Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access ACEsConnection from other locations are responsible for compliance with applicable local laws.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
No consent or waiver by ACEsConnection under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of ACEsConnection. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ACEsConnection shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ACEsConnection.
ACEsConnection may give notice to you by means of a general notice on ACEsConnection, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership.
Below are the Terms of Service required by Ning, the provider of the platform we use to offer ACEsConnection.
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
- In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
- to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.