Terms Of Service
Last updated 5/7/2014
These Terms of Service govern your access to and use of the Oakland Radio Communication Association (ORCA) ww6or.com website and any related mobile applications (collectively, the “Site“) and any services (the “Services“) offered on the Site. This is a legal agreement between you and ORCA (“we”, “us” or “ORCA“)
By registering with us or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
If you do not agree or are unable to agree to be bound by these Terms of Service, please do not use the Site or the Services.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
These Terms of Service are organized into the following twelve sections:
Nature of Our Site and Services
Account, Password, and Security
Use of Site and Services
User Content and Communication Rules and Guidelines
Links to Other Sites
Intellectual Property Rights
Disclaimer of Warranty and Limitation of Liability
Digital Millennium Copyright Act
OUR SITE AND SERVICES
A. ORCA is an amateur radio club organized as a California not-for-profit corporation. We provide an opportunity for amateur radio operators (Hams) and those interested in Ham radio to learn, to provide public service, to operate radios and to interact with each other.
B. ORCA does not screen or verify the identity, background, training or experience of any of the Users or any content submitted by a User or anyone other than ORCA (all such content is called “User Content“), including but not limited to forum participation or comments. Thus, ORCA has no control over the accuracy, reliability, completeness or timeliness of User Content submitted on the Site, and makes no representations about any User Content on the Site.
2. ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You agree to not hold ORCA liable for any loss or damage arising from or relating to your failure to properly safeguard your account or password. Please immediately notify ORCA of any unauthorized use of your password or account.
By requesting to use, registering to use and/or using the Site, you represent and warrant that:
A. Minimum Age. You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside, or, if you are under 18, you have the explicit permission of a parent or legal guardian to access and use this Site; and
B. YOU AGREE TO RELEASE ORCA AND ORCA‘S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. (“AFFILIATED PARTIES” MEANS ORCA‘S OFFICERS, DIRECTORS, MEMBERS, AGENTS, ASSIGNEES, REPRESENTATIVES, LICENSORS, INDEPENDENT CONTRACTORS AND EMPLOYEES.)
4. USE OF SITE AND SERVICES.
B. As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
C. Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, review and connect with other Users so they can learn about ORCA and Ham radio. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
D. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating accounts or blocking users with certain IP addresses from accessing the Site
E. Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ORCA in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
F. Risk Assumption and Precautions. You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions if you agree to meet other Users.
H. No Violation of Laws. Your use of the Services, including but not limited to the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
I. Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us from the Contact Us page.
J. Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at ORCA‘s sole discretion. The provisions in Section 9 regarding Disclaimer of Warranty apply to such features or tools.
5. USER CONTENT AND COMMUNICATION RULES AND GUIDELINES.
As a User of the Site, you may have the opportunity to post or transmit User Content, and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and understand that once posted or transmitted such content cannot always be withdrawn.
A. Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
a. contains photographs or images of another person, unless you have that person’s written permission to do so, and/or are that person’s parent or legal guardian;
b. contains others’ copyrighted content unless you have written permission from the copyright owner;
c. contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
d. implies that the User Content is in any way endorsed or sponsored by ORCA;
e. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
f. is intended to harass, annoy, threaten or intimidate any other Users of the Site;
g. is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
h. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
i. contains any malware (including but not limited to viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
j. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Site;
k. uses scripts, bots or other automated technology to access the Site;
l. otherwise violates the rights of third parties, including rights of privacy or publicity, or violates applicable laws and regulations.
B. Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site. We may remove any such information, and material that in our sole opinion either (a) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (b) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (c) is determined to be inappropriate for any other reason at the sole discretion of ORCA.
C. Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to ORCA, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
A. By ORCA. ORCA may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site, or (ii) remove any content posted by or about you from the Site. Following any termination of any User’s account, ORCA may send a notice of the termination to other Users iwth whom you have corresponded. If your account is terminated by ORCA, you may not re-register without ORCA‘s consent.
B. By User. As a User, you may cancel your account at any time by emailing us at email@example.com and requesting that your username and login be deleted. You may re-register at any time, but your previous information and activity may no longer be available.
C. Effect of Termination. Upon the termination or cancellation of your account, you will no longer have access to the portions of the Site and Services that require account registration. You will no longer be able participate in the forum, and previous postings may or may not (in our sole discretion) remain on the Site. If following the cancellation of your account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service.
7. LINKS TO OTHER SITES.
The Site may include links to other websites (including other sites that are framed within the Site) or applications (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for each Third Party Site.
8. INTELLECTUAL PROPERTY RIGHTS.
A. Copyright. All materials on the Site other than User Content are either owned by ORCA or are the property of ORCA‘s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
B. Trademarks. The service marks and trademarks “ORCA” and the ORCA logo are service marks owned by ORCA. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of ORCA and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
C. Ownership and Use. ORCA retains ownership of its intellectual property rights and you have no rights to ORCA‘s intellectual property or ORCA‘s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
D. Your Content. ORCA will not acquire an ownership interest in the User Content you post, but will have a non-exclusive license to publish that content as part of the Site and the Services (which is described in Section 5.C. above).
9. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF ORCA AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
A. “AS-IS” BASIS. ORCA provides the Site on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
B. NO WARRANTIES; RELEASE. ORCA GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, the Site (or any information contained in the Site). ORCA does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ORCA DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE. ORCA does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. ORCA makes no warranties about the connectivity and continued availability of the Site or Services.
C. YOU AGREE TO RELEASE ORCA AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
D. USER CONTENT. ORCA MAKES NO CLAIMS OR PROMISES about (a) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (b) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
E. LIMITATION OF LIABILITY. IN NO EVENT WILL ORCA OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (a) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (b) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND/OR (c) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
F. NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER ORCA NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (a) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (b) LOSS OF PROFITS, (c) BUSINESS INTERRUPTION, (d) LOSS OF OR DAMAGE TO REPUTATION, OR (e) LOSS OF INFORMATION OR DATA.
G. MAXIMUM LIABILITY. ORCA‘s MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO ORCA IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (b) $100.
H. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless ORCA and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by ORCA and/or its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (a) your use or misuse of, or inability to use, the Site or Services, (b) any materials and content you submit, post or transmit through the Site, (c) your violation of these Terms of Service or your violation of any rights of a third party, (d) your interactions with or conduct towards any other Users, or (e) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by ORCA in the defense of such claims. ORCA and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
11. DIGITAL MILLENNIUM COPYRIGHT ACT.
ORCA respects the intellectual property rights of others and expects its Users to do the same. ORCA may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, ORCA, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting us and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
12. GENERAL PROVISIONS
A. Governing Law and Venue. California law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and ORCA, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, including specifically the County of Alameda.
B. No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.
C. Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be deemed modified to the greatest extent possible to reflect the parties’ intentions, and all remaining provisions of these Terms of Service shall remain in full force and effect.
D. Complete Agreement. These Terms of Service contains the entire agreement between you and ORCA regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
E. Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify ORCA as to any matters relating to the Site or Services, please contact us from the Contact Us page.