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Terms of Use

TERMS OF USE  – MITCHALBOM.COM

REGISTRATION

We require each user to have a unique user name and password combination in order to access and use certain features or functions on our Site. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of our registration process, we ask that you provide a user name, email address and password. Your user name and password are personal to you and it is a requirement of our site that you not allow any others to use your user name or password. Therefore, we are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

MODIFICATIONS OF THESE TERMS

We reserve the right, from time to time, to change the terms of this Agreement. We will post or display notices of material changes on our Site. Your use of the Site shall signify your agreement to be bound by these Terms and any subsequent changes. We recommend that you check back periodically and review the terms and conditions of this Agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

ADVERTISING AND THIRD PARTY SITES

Any links to third-party websites that may appear on this Site are provided only as a convenience to you and in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites, unless otherwise stated. MITCHALBOM.COM does not monitor the linked websites for accuracy or content, and does not warrant the information contained thereon. In addition, such third party websites may have data-collection, privacy and security policies that differ from ours. You acknowledge that MITCHALBOM.COM is not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available on Third Party Sites.

POSTINGS

Portions of this Site provide you the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, and transmissions to us, the Site or others (“Post” or “Postings”). Please be advised that postings do not necessarily reflect the views of MITCHALBOM.COM.

OUR REVIEW OF YOUR SUBMISSIONS

The public forums and interactive areas on the Site act as a venue for users to post their own Content. We do not and cannot review all Content posted, uploaded or transmitted to the Site, and are therefore not responsible for such Content. As such, we do not monitor or review for accuracy user material posted to the volunteer directory and/or community message boards.  You acknowledge that MITCHALBOM.COM undertakes no obligation or liability relating to any such Content. In no event shall MITCHALBOM.COM or any of its affiliates, officers or directors have or be construed to have any responsibility or liability for or in connection with any Posting.

INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE

You agree to grant to MITCHALBOM.COM a non-exclusive, worldwide, royalty-free, unrestricted, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works from and publicly display any Content you submit to the Site by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against MITCHALBOM.COM for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.

MITCH ALBOM COPYRIGHT

All material herein originally authored by Mitch Albom, whether excerpted from his books, articles or speeches, is the exclusive property of MITCHALBOM.COM. Except where use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any such content, in whole or in part, without the prior written consent of MITCHALBOM.COM. Material available from this server may be used only for non-profit and educational purposes.

RULES OF CONDUCT

In consideration of your use of our Site, you agree: (a) that any information you provide us about yourself or in any Posting shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete.

You hereby agree, with regard to any Content you post on the site, that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use, (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, and (v) we shall not be required to pay or incur any sums to any person or entity as a result of our use of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and you specifically authorize MITCHALBOM.COM to use such Posting in whole or in part, in perpetuity in or on any and all media.

CHILDREN AND MINORS

MITCHALBOM.COM does not knowingly collect information from users under 13 years of age or provide any personally identifying information from such users to any third party. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you agree to abide by all the terms and conditions of this Agreement and represent and warrant that you are 13 or older, and if you are a minor that you are under the guidance and of a parent or guardian when using this site.

TERMINATION OF YOUR REGISTRATION

We reserve the right and have absolute discretion to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Other action may include, but is not limited to: issuing warnings, removal of posted Content and/or suspension or termination of service.

If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate we have the right to edit your Content and/or suspend or terminate your membership with our Site and refuse access to, and any and all current or future uses of our Site (or any portion thereof).

We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, MITCHALBOM.COM or its suppliers and Advertisers may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

INDEMNIFICATION

INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

IN NO EVENT WILL MITCHALBOM.COM OR IT’S AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES INCURRED BY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MITCHALBOM.COM AGAINST ALL THE LIABILITIES, CLAIMS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) ARISING OUT OF YOUR USE OF THIS SITE.

APPLICABLE LAW

THESE TERMS OF USE AND THE PRIVACY POLICY ARE GOVERNED BY AND ARE TO BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICT OF LAWS. ANY CLAIMS OF ANY KIND RELATED THERETO MUST BE FILED IN THE COURTS LOCATED IN THE CITY AND STATE OF NEW YORK.

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