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Terms of Use

Acceptance of the Terms and Conditions of Use

 

These terms of use are entered into by and between You (“you”, “your”, or “user”) and Beyond the Flash Foundation, Inc.. (“Company,” “we,” or “us”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.melvingordon.org (the “Website”), including any content, functionality, and services offered on or through the Website.

 

The Website and are offered and available to users who are 13 years or older of age and reside in the United States. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you comply with the Terms of Use in your use of the Website.  If you do not agree the Terms of Use, or you are not authorized to or do not have the legal authority to agree to and accept the Terms of Use, you may not access or use the Website and should immediately discontinue any access to or use of the Website.

 

Changes to the Terms of Use

 

We may revise and update the Terms of Use from time to time in our sole discretion. All revisions and updates to the Terms of Use (“Changes”) are effective immediately upon posting on the Website (“Posting Date”). However, any Changes to the dispute resolution provisions set out in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the Posting Date.

 

You agree that your continued use of the Website following the Posting Date means that you accept to be bound by the Changes. You are expected and agree to check the Terms of Use from time to time to ensure compliance. We reserve the right to withdraw or amend the Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

 

You are responsible for:

  • Making all reasonable arrangements necessary for your access to the Website, for example, adequate internet access and appropriate browser/device setting.
  • Ensuing adequate operating requirements for your device, including hardware and software requirements, in using the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Termsof Use and comply with them.

 

To access the Website  or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree that it is a condition of your use of the Website that all information you provide on or through the Website is correct, current, and complete. You agree that all information you provide to subscribe with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

License

 

All trademarks, copyright, database rights, work product, trade secrets, and any other intellectual property rights contained within the Website, together with the underlying software code, are owned either by us or by our licensors. You do not own any rights to the trademarks, copyright, database rights, work product, trade secrets, or any other intellectual property owned by us or our licensors. We grant you a limited, non-exclusive, royalty-free, non-transferable revocable license to use the website and its contents, within United States, for your personal, non-commercial use in accordance with these Terms of Use, provided you do not modify, obscure or delete any copyright or other proprietary notices contained in the content.

 

No right, title or interest in any downloaded or copied materials or software is transferred to you as a result of any downloading or copying of the content. Nothing contained in the Website should be construed as granting you, either directly or indirectly, expressly by implication, estoppel, or otherwise, a license or right to use these proprietary intellectual property rights.

 

You acknowledge the Company’s right to exercise care and control over the character and quality of any goods or services provided by the Website under any of the Company’s trademarks. You agree your use of the Company’s trademark is subject to the Company’s standard of care and quality and that You will notify us in writing prior to any use of the Company’s trademarks or copyrights.

 

Rights and Restrictions

 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing the materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Websitefor your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

 

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@melvingordon.org.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have reproduced in any form. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, intellectual property rights, and/or other laws.

 

Prohibited Uses

 

You agree to use the Website only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use or enjoyment of the Website, including the other user’s ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the 
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Termsof Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or any other means.
  • Otherwise attempt to interfere with the proper working of the Website.

 

Monitoring and Enforcement; Termination

 

We have the right to:

  • Reasonably disclose your identity or other information about you to any third party who reasonably claims that material posted by you violates the third party’s rights, including intellectual property rights or right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Termsof Use.
  • If you violate the Terms of Use or other related agreements, we reserve the right to terminate your use of the Website.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot review all material posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, you agree that we are not liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party on the Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

Changes to the Website

 

We may update the content(s) on the Website from time to time, but the content(s) is not necessarily complete or up-to-date. Any material or content on the Website may be out of date at any given time, and you agree that we are under no obligation to update such material.

 

Privacy and Information About You and Your Visits to the Website

 

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Links from the Website

 

If the Website contain links to other websites or applications and resources provided by third parties, these links are provided for your convenience only. We have no control over the linked websites and/or contents of such websites or resources, and accept no responsibility for them or any loss or damage that may arise from your use of the linked websites. If you decide to access any of the third-party websites linked through the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

For clarity, the Company is not responsible or liable for the availability or accuracy of any third-party websites, including linked website, the content, products, or services available from such third-party websites. Links to such third-party websites are not an endorsement by the Company of such third-party websites or their contents.

 

Geographic Restrictions

 

The owner of the Website is based in the State of Kentucky in the United States. We provide the Website for use only by persons who are13 years of age or older and are located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. You agree that your use or access of the Website, from outside the United States is at your own risk and your responsibility to comply with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in the Terms of Use, or your use of any information obtained from the Website.

 

Waiver

 

The failure of the Company to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by you of any of the provisions of these Terms of Use, will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of the Company to enforce each and every such provision thereafter. The express waiver by the Company of any provision, condition or requirement of these Terms of Use will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

Digital Millennium Copyright Act

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request to remove those materials (or the access to them) from the Website by submitting written request(s) to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

 

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to acton behalf of the copyright

 

Our designated copyright agent to receive DMCA Notices is:

  Noor Bahhur
Porter Wright Morris & Arthur LLP

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

 

Please be aware that if you knowingly materially misrepresent that a material or an activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

Governing Law and Jurisdiction

 

All matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the State of Kentucky or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kentucky, in each case, located in the City of Florence and County of Boone although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

 

The Company may, at its sole discretion, require You to submit any disputes arising from the Terms of Use or your use of the Website, including disputes arising from or concerning Terms of Use, and other documents such as the Privacy Policy, interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kentucky law.

 

Entire Agreement

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

 

Relationship between You and the Company

 

The Terms of Use and all documents related hereto do not constitute and shall not be construed as a partnership, franchise, agency or joint venture between You and the Company and neither You nor the Company shall have any right to obligate or bind the other in any manner whatsoever, and nothing herein contained shall give or is intended to give any rights of any kind to any third party.

 

Severability

 

If any of the provisions of these Terms of Use is declared invalid by a court of last resort or by any court, the decision of which appeal is not taken within the time provided by law, then and in such event, these Terms of Use will be deemed to have been terminated only as to the portion thereof which relates to the provision invalidated by that decision and only in the relevant jurisdiction, but these Terms of Use, in all other respects and all other jurisdictions, will remain in full force and effect; provided, however, that if the provision so invalidated is essential to these Terms of Use as a whole, then the parties will negotiate in good faith to amend the terms hereof as nearly as practical to carry out the original interest of the parties, and, failing such amendment, either party may submit the matter to a court of competent jurisdiction for resolution.

 

Assignment

 

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.

 

Other Matters

 

The Terms of Use will endure to the benefit of and be binding upon the Company and its successors and assignees and related persons and you and your heirs, executors, administrators, successors, permitted assignees, and personal representatives.  You may not assign these Terms of Use or your rights and obligations under them without the express prior written consent of the Company, which may be withheld in the Company’s sole discretion. The Company may assign these Terms of Use and its rights and obligations under it without your consent.

 

Your Comments and Concerns

 

The Website are owned and operated by Beyond the Flash Foundation, Inc.

 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@melvingordon.org.