ACCEPTANCE
OF TERMS
Valley Christian Schools ("VCS") makes available for your use on this
Web site (the "Site") information, documents, software and products
(collectively, the "Materials") and various services operated by Valley
Christian Schools (collectively, the "Services"), subject to the terms
and conditions set forth in this document (the "Terms of Use"). By
accessing or using this Site, which includes your access to or use of any of
the Services, you agree to the Terms of Use. Valley Christian Schools reserves
the right to change the Terms of Use from time to time at its sole discretion.
Your use of the Site will be subject to the most current version of the Terms
of Use posted on the Site at the time of such use. In addition, when using particular
Services or Materials on this Site, you shall be subject to any posted guidelines
or rules applicable to such Services or Materials that may contain terms and
conditions in addition to those in the Terms of Use. All such guidelines or
rules are hereby incorporated by reference into the Terms of Use. If you breach
any of the Terms of Use, your authorization to use this Site automatically terminates
and you must immediately destroy any Materials downloaded or printed from the
Site.
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COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or other
intellectual property laws and any unauthorized use of the Materials or Services
at this Site may violate such laws. Except as expressly provided herein, Valley
Christian Schools and its suppliers do not grant any express or implied right
to you under any patents, copyrights, trademarks, or trade secret information
with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information or documents
on this Site may be reproduced in any form or by any means without the prior
written permission of Valley Christian Schools.
Use of Software. The software and accompanying documentation that are made available
to download from this Site are the copyrighted work of Valley Christian Schools
and/or its suppliers. Use of the software is governed by the terms of the end
user license agreement that accompanies or is included with such software. You
will not be able to download or install any software that is accompanied by
or includes an end user license agreement unless you agree to the terms of such
end user license agreement. If you do not agree to such terms, you will not
be able to use the software. You may not decompile, reverse engineer or otherwise
attempt to discover the source code of the software available on the Site.
Use of Site Information. Except as otherwise indicated elsewhere on this Site,
you may view, download and print the documents and information available on
this Site subject to the following conditions:
The documents and information may be used solely for personal, informational,
internal, non-commercial purposes.
The documents and information may not be modified or altered in any way.
The documents and information on the Site may not be distributed.
You may not remove any copyright or other proprietary notices contained in the
documents and information.
Valley Christian Schools reserves the right to revoke the authorization to view,
download and print the documents and information available on this Site at any
time, and any such use shall be discontinued immediately upon written notice
from Valley Christian Schools.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the documents and information
available on this Site are not applicable to the design or layout of this Site.
Elements of this Site are protected by trade dress and other laws and may not
be copied or imitated in whole or in part.
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USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number
and/or password, if applicable. You are responsible for all uses of your account,
whether or not actually or expressly authorized by you.
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WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND
VALLEY CHRISTIAN SCHOOLS, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, VALLEY CHRISTIAN SCHOOLS MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED
OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90)
DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. VALLEY CHRISTIAN SCHOOLS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT
OF DATE, AND VALLEY CHRISTIAN SCHOOLS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
OR SERVICES.
VALLEY CHRISTIAN SCHOOLS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED
BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES
AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
IN NO EVENT SHALL VALLEY CHRISTIAN SCHOOLS OR ITS SUPPLIERS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT VALLEY CHRISTIAN
SCHOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF
ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM VALLEY CHRISTIAN SCHOOLS OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE.
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THIRD PARTY SITES
This Site contains links to third-party Web sites that are not under the control
of Valley Christian Schools. Valley Christian Schools makes no representations
whatsoever about any other Web site to which you may have access through this
Site. When you access a non-Valley Christian Schools Web site, you do so at
your own risk and Valley Christian Schools is not responsible for the accuracy
or reliability of any information, data, opinions, advice, or statements made
on these sites or for the quality of any products or services available on such
sites. Valley Christian Schools provides these links merely as a convenience
and the inclusion of such links does not imply that Valley Christian Schools
endorses or accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain
references to Valley Christian Schools' products, services, and programs that
have not been announced in your country. These references do not imply that
Valley Christian Schools intends to announce such products, services or programs
in your country.
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PERSONAL INFORMATION AND PRIVACY
To learn about how Valley Christian Schools protects your personal information,
such as your name and address, please contact the Office of the President/Superintendent.
Please note that any non-personal information or material sent to Valley Christian
Schools will be generally be deemed to NOT be confidential.
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LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied information,
materials or communications (collectively, 'User Content'). Depending upon the
nature of the Service, by submitting User Content to this Site you grant Valley
Christian Schools one of the following two types of licenses:
For User Content that is the result of your creative efforts, such as examples
of work you have done using Valley Christian Schools products, you hereby grant
Valley Christian Schools a worldwide, royalty-free, non-exclusive license to
reproduce and modify (for purposes of formatting, maintenance or Site administration
only) such User Content. You also grant Valley Christian Schools the right to
distribute and publicly display and perform such User Content for the purpose
for which such User Content was submitted to the Service. This license will
be in effect until such User Content is removed from the Site.
For User Content such as comments to the Valley Christian Schools User to User
Forums, bug reports, piracy reports or product suggestions, you grant Valley
Christian Schools an unrestricted, worldwide, irrevocable license to use, reproduce,
display, perform, modify, transmit and distribute such User Content, and you
also agree that Valley Christian Schools is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose. However, we will not
release your name or otherwise publicize the fact that you submitted such User
Content to us unless: (a) you grant us permission to do so; (b) we first notify
you that the User Content you submit to a particular part of the Site will be
published or otherwise used with your name on it; or (c) we are required to
do so by law.
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PROHIBITED
COMMUNICATIONS
You may only submit to the Site, User Content that is (a) owned by you, (b)
submitted with the express permission of the owner, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, pornographic, or other materials
that would violate any law or the rights of others, including without limitation,
laws against copyright infringement. Violation of these restrictions may result
in limitations on access by you to this Site.
MANAGING USER CONTENT AND COMMUNICATIONS
Valley Christian Schools reserves the right, in its sole discretion, to delete
or remove your User Content from the Site and to restrict, suspend or terminate
your access to all or part of this Site, at any time for any reason without
prior notice or liability.
Valley Christian Schools may establish general practices and limits on the use
of any Service, including, but not limited to, limits on retention time, file
size, and storage space for User Content. Valley Christian Schools shall have
no liability or responsibility for the deletion or failure to store any information
or materials in connection with any Service.
Valley Christian Schools may, but is not obligated to, monitor or review (i)
any areas on the Site where users transmit or post User Content, including but
not limited to areas where Services are available, or chat rooms, bulletin boards
or other user forums, and (ii) the substance of any User Content.
To the maximum extent permitted by law, Valley Christian Schools will have no
liability related to User Content arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Valley Christian Schools also disclaims all
liability with respect to the misuse, loss, modification, or unavailability
of any User Content.
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USER FORUMS
In addition to these Terms of Use, users of the Valley Christian Schools User
To User Forums must agree to a separate legal agreement located within the Forums
Registration area of the Site.
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NOTIFICATION OF COPYRIGHT INFRINGEMENT
Valley Christian Schools will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others. If you believe
that your work has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites linked to from this
Site, please provide Valley Christian Schools' Copyright Agent a Notice containing
the following elements:
a physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed
and identification of what material in such work(s) is claimed to be infringing
and which you request to be removed or access to which is to be disabled;
a description of where the material that you claim is infringing is located
on the Valley Christian Schools site;
information sufficient to permit Valley Christian Schools to contact you, such
as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material
identified in your Notice in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized to act on
the copyright owner's behalf.
for Notice of claims of copyright infringement, Valley Christian Schools' Webmaster
can be reached as follows:
By mail:
VCS Webmaster
Valley Christian Schools
100 Skyway Drive
San Jose, CA 95111
By
telephone: (408) 513.2555
By fax: (408) 513.2557
By email: webmaster@valleychristian.net
THE WEBMASTER SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN
USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT
IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE.
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INDEMNITY
You agree to indemnify and hold Valley Christian Schools, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of content you submit, post to or transmit
through the Site (including, without limitation, any User Content), your use
of the Site, your connection to the Site, your violation of the Terms of Use,
or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Valley Christian Schools
from its offices within the state of California, United States of America. By
accessing this Site, you and Valley Christian Schools agree that all matters
relating to your access to, or use of, this Site shall be governed by the statutes
and laws of the State of California, without regard to the conflicts of laws
principles thereof. You and Valley Christian Schools also agree and hereby submit
to the exclusive personal jurisdiction and venue of the Superior Court of Santa
Clara County and the United States District Court for the Northern District
of California with respect to such matters. Valley Christian Schools makes no
representation that Materials or Services available on this Site are appropriate
or available for use in other locations, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
Site from other locations do so on their own initiative and are responsible
for compliance with local laws.
TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this
Site are the property of Valley Christian Schools or other third parties. You
are not permitted to use the Marks without the prior written consent of Valley
Christian Schools or such third party, which may own the Marks. Valley Christian
Schools and the Valley Christian Schools logo are trademarks of Valley Christian
Schools.
Copyright
(c) 2002 Valley Christian Schools. All rights reserved.
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