BY VIEWING AND/OR REGISTERING WITH EMILITARY, YOU ARE AGREEING TO THESE TERMS OF SERVICE.
IF YOU ARE UNDER THE AGE OF 13. YOU MAY NOT USE THIS SITE WITHOUT PARENTAL SUPERVISION AS WE DO NOT SCREEN EVERY USER SUBMISSION AND SOME MATERIAL MAY BE INAPPRPORIATE FOR CHILDR.EN.
IF YOU SEE THIS TYPE OF MATERIAL, PLEASE NOTIFY US IMMEDIATELY SO THAT WE MAY REMOVE IT.
UNDER NO CIRCUMSTANCES ARE YOU TO POST ANY INFORMATION WHICH MAY VIOLATE THE OPERATIONAL SECURITY OF OUR MILITARY FORCES, DEPLOYED OR OTHERWISE. ALL USERS ARE ENCOURAGED TO VISIT THEIR LOCAL PUBLIC AFFAIRS OFFICE TO GAIN A GREATER UNDERSTANDING OF COMMUNICATING OVER INTERNET AND OTHER MEDIA. PLEASE REPORT ANY INFORMATION POSTED TO THIS SITE THAT YOU FEEL VIOLATES THIS POLICY AND WE WILL REMOVE IT.
1. Acceptance of Terms of Service
The EMilitary website ("Site") is provided free of charge to you by EMilitary, Inc. ("EMilitary") under the terms and conditions set forth herein ("Terms of Service" or "TOS"). These TOS govern your use of the Site or Application and all services provided in connection with the Site or Application. If you do not agree to the then current TOS, please do not access or otherwise use the Site or Application. Your continued use of the Site or Application will signify your acceptance of any change in the terms and conditions set forth herein. EMilitary may modify or discontinue the Site or Application with or without notice to you and without liability to you or any third party.
2. Access to the Services.
Subject to these TOS, EMilitary may offer to provide certain services, as described more fully on the Site or Application, and which are selected by you through the process provided on the Site or Application ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services EMilitary performs for you, as well as the offering of any content on the Site or Application. EMilitary may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. EMilitary may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You certify to EMilitary that you are legally permitted to use the Services and access the Site or Application, and take full responsibility for the selection and use of the Services and access of the Site or Application. These TOS are void where prohibited by law, and the right to access the Site or Application is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or Application or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
3. Content of posts and referrals
At eMilitary, we strive to create a community of respect and integrity. While you alone are responsible for the content of your messages, and the consequences of any such messages, you agree to abide by the guidelines below. eMilitary reserves the right to "remove your posting" or "terminate your use" if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
EMilitary requires that any information posted by you regarding a company is truthful, factual, and represents an actual incident EXPERIENCED BY THE USER POSTING THE REFERRAL. Companies are protected by law from false claims against them. Your complaint could be construed as a claim about a company and may be subject to libel laws. Please verify that all information submitted is accurate and factual.
As a user of the Site or Application, you acknowledge that EMilitary does not pre-screen or edit user authored content but that EMilitary and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any content that is available via the Site or Application. Without limiting the foregoing, EMilitary and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy and completeness of such content. You acknowledge that EMilitary may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the TOS, or (c) respond to any claims that the content violates the rights of third parties.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, EMilitary shall take the actions described in EMilitary's copyright infringement policy pursuant to the Digital Millennium Copyright Act.
Any use by you of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The Site or Application is to be used by you for your personal use only. Commercial uses of the Site or Application are strictly prohibited unless prior written consent from EMilitary has been granted. You agree that you will not use the Site or Application for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use the Site or Application to send or post on message boards or any place on the Site or Application, any message, material or user name that is unlawful, harassing, libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, or inaccurate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. EMilitary reserves the right to delete any such material from the Site or Application. EMilitary will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of EMilitary.
You agree to use only a valid, working e-mail address when registering for the EMilitary Web Site and using the Site or Application to send or post messages.
You agree not to post or use the Site or Application to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
4. Ownership of Content
The Site and Application are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit any of the content located on the Site or Application ("Content"), materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site or Application, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from EMilitary, or from the copyright holder identified in such Content's copyright notice.
You may share the Application with others for their personal use only.
By submitting content, which shall include your member name, to any "public area" of the Site or Application, including message boards, forums, contests and chat rooms or by submitting content for transmission to a third party, you grant EMilitary, its affiliates, and the parties to whom such content is addressed a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Site or Application retains any and all Rights that may exist in such content.
You shall not upload, post or otherwise make available on eMilitary any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of eMilitary, you automatically grant, or warrant that the owner of such material has expressly granted eMilitary the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant eMilitary the right to edit, copy, publish and distribute any material made available on eMilitary by you.
5. Registration and Password
You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify EMilitary of any unauthorized use of your registration or password.
6. Disclaimer of Warranties
EMilitary makes no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site or Application. EMilitary has no special relationship with or fiduciary duty to you. You acknowledge that EMilitary has no control over, and no duty to take any action regarding: which users gain access to the Site or Application; what Content you access via the Site or Application; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release EMilitary from all liability for your having acquired or not acquired Content through the Site or Application. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. EMilitary makes no representations concerning any content contained in or accessed through the Site or Application, and EMilitary will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Application. YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, SITE, AND APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EMILITARY MAKES NO WARRANTY THAT THE SITE OR APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EMILITARY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATION, OR THE SERVICES PROVIDED BY EMILITARY.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): EMILITARY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE, APPLICATION, OR ANY WEBSITE LINKED TO THE SITE OR APPLICATION. EMilitary will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on EMilitary's equipment, transmitted over networks accessed by the Site or Application, or otherwise connected with your use of the Services.
EMILITARY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE EMILITARY'S SITE OR APPLICATION. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against EMilitary with respect to such sites.
7. Limitation of Liability
EMILITARY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR APPLICATION, THE MALFUNCTION OF THE SITE, APPLICATION, OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EMILITARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. E-Mail Message Storage
EMilitary assumes no responsibility for the deletion of or failure to store messages to companies or others.
9. Promotional Messages
If you are a registered user and you have elected to receive promotional material, EMilitary and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. EMilitary makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither EMilitary nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of EMilitary, its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, Application, or Services, the violation of these Terms of Service by you, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
11. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to its conflict of laws provisions.
12. Remedies for Breach of these Terms by You
In the event that EMilitary determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the Site or Application, EMilitary reserves the right to (i) warn you via e-mail that you have violated these Terms of Service, (ii) delete any content provided by you or your agent(s) to the Site or Application, (iii) delete all content provided by you to the Site or Application, (iv) discontinue your registration with Site, Application, and/or any other EMilitary community, (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which EMilitary deems to be appropriate.
EMilitary reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service or (ii) your registration with or ability to access the Site, Application and/or any other service provided to you by EMilitary including any e-mail account upon any breach by you of the Terms of Service.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
EMilitary may assign its rights and obligations under these Terms of Service and upon such assignment EMilitary may be relieved of any further obligation hereunder.
These Terms of Service and any additional terms (as such terms shall be identified when posted on Site by EMilitary) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. EMilitary reserves the right to charge fees, surcharges and/or membership fees at any time.
USE OF INFORMATION You agree to use the EMILITARY Website only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of the EMILITARY Website or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by EMILITARY to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest screen names of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the EMILITARY Website.
WARRANTY YOU EXPRESSLY AGREE THAT YOUR USE OF THE EMILITARY WEBSITE IS AT YOUR SOLE RISK. THE EMILITARY WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL EMILITARYI AND/OR ITS ICPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EMILITARY WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE EMILITARY WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMILITARY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EMILITARY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE EMILITARY WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION User agrees to defend, indemnify and hold harmless EMILITARY, its affiliated companies, its employees, contractors, officers, directors and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from your use of the EMILITARY Website. EMILITARY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.
INFRINGEMENT NOTICE EMILITARY respects the intellectual property of others, and we ask our members to do the same. EMILITARY may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been copied and is accessible on the EMILITARY service in a way that constitutes copyright infringement, you may notify EMILITARY by providing EMILITARY the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the EMILITARYI site where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
EMILITARY's agent for notice of claims of copyright infringement on this Web site can be reached as follows:
If you believe that your work has been copied and is accessible on this service in a way that constitutes copyright infringement, you may notify us by providing the following information:
Your Name: Your E-mail Address: Your Mailing Address: Your Phone Number: Identify the URL, Path or other specific location on the service where the allegedly infringing material is located: Describe the allegedly infringed work, including (if available) the URL, Path or other specific location where the copyrighted work may be found for comparison: Your relationship to the owner of the allegedly infringed work (e.g., owner, authorized representative):
By submitting a complaint, you represent, under penalty of perjury, that the above information is accurate, that you are the copyright owner or are authorized to act on such person's behalf, and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Military Family Network™
P.O. Box 16366
Pittsburgh, Pa 15242