PAMP Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Parents’ Club of Palo Alto and Menlo Park (“PAMP) website (the “Site”) and the PAMP Parents Club Group (“PAMP Group”) hosted by BigTent Design, Inc. (“BigTent”).  The Site and the PAMP Group shall hereinafter be referred to collectively as the “Services.”  These Terms shall also apply to any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

Your access to and use of the Services is conditioned on your compliance with these Terms.  By accessing or using the Services you agree to be bound by these Terms and BigTent’s terms of services.  For information on BigTent’s terms of service, please refer to BigTent’s Terms of Use at http://www.bigtent.com/terms.

Use of the Services

You are responsible for your use of the Services, for any Content you post to the Services (including messages posted to the PAMP Group), and for any consequences thereof.  The Content you submit, post, or display may be viewed by other users of the Services and through our third party partners’ services and websites.  You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The form and nature of the Services that PAMP provides may change from time to time without prior notice to you.  In addition, PAMP may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.  We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Joining PAMP

It is possible to access parts of the Site without joining PAMP, however, in order to take full advantage of the Site and all the resources PAMP has to offer, including the PAMP Group, you are required to become a member of PAMP (“PAMP Member”).  When you become a PAMP Member, you will be required to create a username and provide certain information about yourself as prompted during the registration process.  You agree to provide full and accurate information during the member registration process.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.  All actions taken by use of your password will be your responsibility and PAMP will not be liable for any use thereof.

Privacy

Any personal information that you provide to PAMP is subject to our Privacy Policy, which governs our collection and use of your personal information.  You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.  As part of your PAMP membership, PAMP may provide you with certain communications such as service announcements and administrative messages.  These communications are a part of your PAMP membership, which you may not be able to opt-out from receiving so long as you remain a member of PAMP.

Furthermore, you agree that you will not collect any Personal Information (as defined in the Privacy Policy) of any other PAMP Member, including email addresses and other contact information, without such Member’s express consent thereto, and you further agree that you will not use PAMP Members’ Personal Information to communicate to any such Member any unsolicited advertisement, unsolicited communication of a commercial nature or any other type of unsolicited communication that such Member or PAMP tells you is unwanted.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.  PAMP cannot take responsibility for any Content provided by the users of the Services.  Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services will be at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. The Services include venues that allow members to offer, sell, and buy goods and services and to recommend goods, retailers and service providers.  We are not involved in actual transactions between buyers and sellers.  We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of members’ postings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.  We encourage our members to check with the Consumer Product Safety Commission (http://www.cpsc.gov/index.html) before purchasing items listed on our Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.  Under no circumstances will PAMP be liable in any way for any Content, including, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Restrictions on Content and Use of the Services

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.  You also agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines, and to abide by the following limitations on the type of Content that may be posted through the Services.

  • Impersonation: You may not impersonate others through our Services in a manner that does or is intended to mislead, confuse, or deceive others.
  • Privacy: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
  • Violence and Threats: You may not publish or post threats of violence against others.
  • Offensive Content: You may not publish or post any Content that is libelous, defamatory, obscene, pornographic, vulgar, profane, abusive, or that violates any person’s proprietary and privacy rights or that otherwise violates any applicable law.  You may not post Content that degrades others on the basis of sex, race, color, age, class, ethnicity, national origin, religion, sexual orientation, marital status, gender identity, pregnancy, veteran status, disability or other classification.
  • Flaming and Condescending Messages: Any user who personally attacks or otherwise harasses other members, or is intentionally unpleasant or disruptive may be banned from the Services without warning.
  • Unlawful Use: You may not use our Services for any unlawful purposes or for promotion of illegal activities.
  • Serial Accounts: You may not create serial accounts in order to evade the block tools or to otherwise disrupt the Services.
  • Name Squatting: You may not engage in name-squatting (creating accounts for the purpose of preventing others from using those account names or for the purpose of selling those accounts). Accounts that are inactive for more than 9 months may be removed without further notice.
  • Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
  • Spam:  You may not post content that would be considered advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.  Duplicating a post in the same or multiple forums will be deemed as spam.
  • Commercial Content: You may not post any message that is commercial in nature in any forum other than the Classifieds forum, unless you represent a city, and are promoting a community event in the Community Events Forum.
  • Political Rallying:  You may not post a message that promotes or discusses your political views.
  • Posting in Proper Forum:  You may not post a message in a forum that is not appropriate for the subject matter of that forum.
  • Other PAMP Policies: Youmaynot violate any policy of PAMP then in effect and applicable to users of the Services or to any members of PAMP.
  • BigTent Terms of Service: You may not violate BigTent’s terms of service.

Please review the PAMP Guidelines for Forum Posts (which are part of these Terms) for more information on posting to the Services.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services.  We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PAMP, its users and the public.

Your Rights

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners.  You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.  PAMP will not be responsible or liable for any use of your Content by PAMP in accordance with these Terms.

You retain your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.  However, by submitting, posting or displaying Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).  This includes any Content that you submit for use in the PAMP newsletter. No compensation will be paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with PAMP.

We may need to, and, by accessing and using the Services, you hereby authorize to, modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PAMP’s computer systems, or the technical delivery systems of PAMP’s providers, including the PAMP Group; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PAMP and/or the PAMP Group; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

PAMP Rights

All right, title, and interest in and to the Services (excluding the Content) are and will remain the exclusive property of PAMP and its licensors.  The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Nothing in the Terms gives you a right to use the PAMP name or any of the PAMP trademarks, logos, domain names, and other distinctive brand features.  You may not use the PAMP name or any of the PAMP trademarks, logos, domain names, or other distinctive brand features without our permission.  Any feedback, comments, or suggestions you may provide regarding PAMP, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Non-Discrimination Policy

PAMP prohibits discrimination with respect to the admission of any members, eligibility for positions on the Board of Directors or other volunteer positions, hiring or promotion of individuals, conditions of employment, disciplinary and discharge practices or any other aspect of employment on the basis of sex, race, color, age, national origin, religion, disability, marital status, sexual orientation, gender identity, pregnancy, class, ethnicity or veteran status.  All playgroups organized through the Services and PAMP subgroups are open to all PAMP Members.

Copyright Policy

PAMP respects the intellectual property rights of others and expects users of the Services to do the same.  We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us according to the instructions set forth in these Terms.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content in violation of this policy without prior notice and at our sole discretion.  In appropriate circumstances, PAMP will also terminate a user’s account. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

PAMP, Inc.
Attn: Copyright Agent
P.O. Box 155
Menlo Park, CA 94026

Email:   legal@pampclub.org

General Practices Regarding Use and Storage

PAMP has no responsibility or liability for the deletion or failure to store any Content posted by you on the Service.

Termination

You may discontinue your use of the Services at any time.  PAMP will not refund member fees for canceled, discontinued, suspended or terminated memberships.

PAMP may suspend, limit or terminate your permission to use the Services in accordance with these terms without notice or warning if, in its judgment, you violate any of these Terms.PAMP may also suspend, limit or terminate membership in PAMP, if, in its judgment, you violate any of these Terms. If your membership is so terminated, you may not reapply for or renew your membership unless permitted in writing by the Board of Directors or a committee designated by the Board of Directors. If your permission to use the Services or your membership is terminated by PAMP, any membership fees already received by PAMP will not be reimbursed.

The following sections of the Terms shall survive expiration or termination: “Termination”, “The Services are Available ‘AS-IS’”, “Limitation of Liability”, “Exclusions and Limitations”, “Controlling Law and Jurisdiction”, “Statute of Limitations” and “Entire Agreement”.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk.  You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.  Without limiting the foregoing, PAMP AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon.  PAMP will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content.  We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  No advice or information, whether oral or written, obtained from PAMP or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources.  You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by PAMP of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAMP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES;  (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PAMP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions and Limitations

Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Accordingly, only the above limitations under “Limitation of Liability” and “Exclusions and Limitations” which are lawful in your jurisdiction will apply to you and PAMP’s liability will be limited to the maximum extent permitted by law.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

Waiver and Severability

The failure of PAMP to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.  In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence.  All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice

PAMP may give notice to you regarding administrative, disciplinary or other matters by first class mail or by telephone, facsimile, electronic mail, or other similar means of communication.  You hereby consent to receive notices and other communications from PAMP concerning or relating to your membership in PAMP (including, without limitation, notices and other communications delivered under or in connection with the Nonprofit Public Benefit Corporation Law of the State of California) via (i) facsimile telecommunication or electronic mail to the facsimile number or electronic mail address, respectively, for you on file with PAMP, (ii) the posting of such notice or other communication to an electronic message board or network which PAMP has designed for such purpose, together with a separate notice to you of the posting, and/or (iii) other means of electronic communication.  You have the right to have any such notice or other communication provided or made available on paper or in nonelectronic form, if you so request in writing to PAMP at the following address:  The Parents’ Club of Palo Alto and Menlo Park (PAMP), P.O. Box 155, Menlo Park, CA 94026-0155.  For the avoidance of doubt, your consent above shall apply to all notices and other communications from PAMP concerning or relating to your membership in PAMP (including, without limitation, notices and other communications delivered under or in connection with the Nonprofit Public Benefit Corporation Law of the State of California). If you wish to withdraw your consent, you must do so in writing to PAMP at the following address:  The Parents’ Club of Palo Alto and Menlo Park (PAMP), P.O. Box 155, Menlo Park, CA 94026-0155.  Notice shall be addressed or delivered to you at the email address or postal address on your PAMP profile or otherwise provided by you to PAMP.  You agree that notice by mail shall be deemed to have been given at the time a written notice is deposited in the United States mails, postage prepaid.  Any other written notice shall be deemed to have been given at the time it is delivered to a common carrier for transmission, or actually transmitted by PAMP by electronic means, to you.

Entire Agreement

These Terms, which include our Privacy Policy and the PAMP Guidelines for Forum Posts, are the entire and exclusive agreement between PAMP and you regarding the Services, and these Terms supersede and replace any prior agreements between PAMP and you regarding the Services.

We may revise these Terms from time to time.  We will notify you of any material changes to our Terms by posting the new policy on the Site. We suggest that you consult the Site regularly to check for any changes to this policy. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by the Parents’ Club of Palo Alto and Menlo Park, P.O. Box 155, Menlo Park, CA 94026.

Updated January 21, 2013