These Terms of Service apply to your use of any products, services or websites provided by Narrate Conferences, Inc. ("Narrate Conferences"), including those provided under the trade name Phoenix Rising. Specifically, without limitation, these Terms of Service apply to your use of the website located at www.thephoenixrises.org (the "Website") and your attendance at the Phoenix Rising conference located in New Orleans on May 17-21, 2007 (the "Conference").
You must read, agree to and accept all of the terms and conditions contained in these Terms of Service. By proceeding to use any of the Services, as defined below, you expressly agree to and accept these Terms of Service.
This version of the Terms of Service is effective as of January 1, 2006. By using any of the Services, as defined below, you consent to the Terms of Service in effect as of the date of your use. Even if you have read and approved a prior version of these Terms of Service, you agree to the version that is effective on any date on which you use the Services. Narrate Conferences reserves the right to alter these Terms of Service, as well as our products, services and websites, at any time and without notice. All changes will become effective as of their inclusion on the Website.
Narrate Conferences provides academic, educational and literary conferences and events. More specifically, the "Services" of Narrate Conferences, Inc. to which these Terms of Service relate shall mean: (i) the Conference; (ii) the Website; and (iii) any product, service or website related to either the Conference or the Website, including without limitation, online chats, message boards, blogs, mailings lists and newsletters.
Use of Services
You hereby understand and agree: (i) that your use of the Services is at your own risk; (ii) that the Services may not be provided on a continual and uninterrupted basis; (iii) that any material obtained from the Services is at your own discretion and your own risk, and that Narrate Conferences shall not be liable for any damage that occurs to you or your property as a result of your actions; and (iv) that the nature and type of the Service may change at any time and without notice.
Prohibition on Commercial Use
You hereby agree not to use, copy, reproduce, sell or in any other way exploit any portion of the Services for any commercial purpose whatsoever without the express prior written permission of Narrate Conferences.
Narrate Conferences owns or has the right to use all the content displayed on its websites and in the materials related to the Services. You hereby license any and all rights in and to the content and information you post on the Website, or related online posting fora, to Narrate Conferences without restriction or royalty. This license shall be non-exclusive and world-wide. Narrate Conferences agrees that all such content and information is owned by you.
You must be at least 13 years of age to access the Website and other online posting fora. You must be at least 14 years of age as of May 17, 2007, to attend the Conference.
By using the Services in any way, you hereby affirm that the email addresses that you provide to Narrate Conferences are not listed in the Child Protection registry in the state of Utah, the state of Michigan, or any other state, municipality or jurisdiction.
As part of the Services, Narrate Conferences provides several mechanisms that you may use to communicate online, including without limitation, message boards, YahooGroups and LiveJournals. As part of your use of these communications mechanisms, you hereby agree that you will not transmit any communication: (i) that is unlawful, threatening, harassing, abusive, obscene, libelous, defamatory, hateful, racially or ethnically derogatory, tortious, harmful, or invasive of another’s privacy; (ii) that stalks or otherwise harasses anyone; (iii) that would be considered NC-17; (iv) that impersonates in any way any person or entity that you are not affiliated with, including without limitation, Narrate Conferences or its agents; (v) forges its origin in any way; (vi) that is harmful to minors; (vii) that is either damaging in any way to the property of another or installs itself without authorization on the computer or electronic device of another, including without limitation, viruses, spyware and adware; (viii) to advertise any service, business or organization, including without limitation, spam, pyramid schemes and junk mail, without the express written permission of Narrate Conferences; (ix) that violates any intellectual property rights, including copyrights, trademarks, patents and trade secrets, of another; (x) to disrupt Narrate Conferences’ provision of the Services; to violate any rules, regulations or policies of Narrate Conferences; (xi) to violate, even without intent, any local, state, national or international law, including the rules, regulations and policies promulgated by government entities that carry the force of law, or (xii) if you are under 13 years of age or a resident of any country to which the United States has embargoed goods.
Content Violating the Terms of Service
You understand and agree that Narrate Conferences does not, and shall not be obligated to, pre-screen any communications provided by users or third-parties on any communications mechanism related to the Services. Narrate Conferences shall have the right, however, in its sole discretion, to restrict the access of any or all users from any communications, to move any communications or to delete any such communications without notice.
You are not an agent of Narrate Conferences for any purpose whatsoever; neither is Narrate Conferences your agent for any purpose whatsoever.
Submission of Information
Whenever you submit information to Narrate Conferences, such as a name or e-mail address, you specifically represent and warrant that such information is true and correct. To knowingly submit false information is a fraudulent matter, and will be treated as such by Narrate Conferences. If you knowingly submit false information, including the information of anyone other than yourself, you hereby indemnify and hold Narrate Conferences, its directors, officers, agents, employees, representatives, users and conference staff, harmless against any and all claims, liabilities, damages and costs (including attorneys' fees) arising out of or related to your entry of false information.
Revocation of Services
Narrate Conferences hereby reserves the right, in its sole discretion, to terminate your right to use the Services at any time, for any reason, and without notice. If Narrate Conferences determines or suspects, in its sole discretion, that you are misusing, or attempting to misuse, the Services, including a violation of these Terms of Service, your access to the Services will be terminated immediately.
You agree to indemnify and hold harmless Narrate Conferences, its directors, officers, employees, agents, representatives and conference staff, from any claim or demand, including costs and attorneys' fees, made by any third party arising from or related to your breach of these Terms of Service or your violation of any law or the rights of a third party.
As Is Basis
YOU HEREBY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT NARRATE CONFERENCES, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONFERENCE STAFF, PROVIDE THE SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NARRATE CONFERENCES, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONFERENCE STAFF, SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
IN NO EVENT SHALL NARRATE CONFERENCES, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CONFERENCE STAFF, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.
These Terms of Services and the rights and obligations under these Terms of Service shall bind and inure to the benefit of Narrate Conferences' successors and assigns.
Governing Law; Venue
These Terms of Service shall be governed by and construed in accordance with the substantive laws of the State of Colorado without regard to conflict of law provisions. You hereby agree that any lawsuit or arbitration proceeding commenced pursuant to these Terms of Service will be held in Denver, Colorado and the state and federal courts of Denver, Colorado will have exclusive jurisdiction over all such matters that may arise. In any action filed or commenced, you hereby waiver all objections to personal jurisdiction or venue.
If any one or more of the provisions contained in these Terms of Service, for any reason, is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the validity and enforceability of any other provisions of these Terms of Service.
If you have questions or concerns about these terms of service, please contact Narrate Conferences' legal department at firstname.lastname@example.org.