PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.
1. Definitions.
"Pasadena Social Services" is an interactive on-line service operated by Gwynne Yadley, M.A. and Pasadena Social Services ("Pasadena Social Services") consisting of information services and content provided by Pasadena Social Services, affiliates of Pasadena Social Services and other third parties. "Client" means each person who accesses Pasadena Social Services for access to and use of Pasadena Social Services information or establishes a connection ("Account") for use of its services.
2. General.
(A) Pasadena Social Services is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Pasadena Social Services.
(B) Pasadena Social Services does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Pasadena Social Services. Reliance on any information provided by Pasadena Social Services, Pasadena Social Services employees, others appearing on Pasadena Social Services at the invitation of Pasadena Social Services, or other visitors to Pasadena Social Services is solely at your own risk.
(C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Pasadena Social Services, sets forth the terms and conditions that apply to Client's use of Pasadena Social Services. By using Pasadena Social Services, Client agrees to comply with all of the terms and conditions hereof.
The right to use Pasadena Social Services is personal to Client and is not transferable to any person or entity. Client is responsible for all use of Client's Account and for ensuring that all use of Client's Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client's password(s).
(D) Pasadena Social Services shall have the right at any time to change or discontinue any aspect or feature of Pasadena Social Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Pasadena Social Services shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Pasadena Social Services, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Pasadena Social Services, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Pasadena Social Services by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
4. Equipment.
Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Pasadena Social Services and all charges related thereto.
5. Client Conduct.
(A) Client shall use Pasadena Social Services for lawful purposes only. Client shall not post or transmit through Pasadena Social Services any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory,invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a Client that in the sole discretion of Pasadena Social Services restricts or inhibits any other Client from using or enjoying Pasadena Social Services will not be permitted. Client shall not use Pasadena Social Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Pasadena Social Services.
(B) Pasadena Social Services contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Pasadena Social Services are copyrighted as a collective work under United States copyright laws.
Pasadena Social Services owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Client may download copyrighted material for Client's personal use only provided that the following notice is included on such materials: "Copyright 2005, Pasadena Social Services, Inc.. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Pasadena Social Services and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Client shall not upload, post or otherwise make available on Pasadena Social Services 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 Client. Client 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 Pasadena Social Services, Client automatically grants, or warrants that the owner of such material has expressly granted Pasadena Social Services 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.
Client also permits any other Client to access, view, store or reproduce the material for that Client's personal use. Client hereby grants Pasadena Social Services the right to edit, copy, publish and distribute any material made available on Pasadena Social Services by Client.
(D) The foregoing provisions of Section 5 are for the benefit of Pasadena Social Services, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) CLIENT EXPRESSLY AGREES THAT USE OF Pasadena Social Services IS AT CLIENT'S SOLE RISK. NEITHER Pasadena Social Services, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT Pasadena Social Services WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Pasadena Social Services, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Pasadena Social Services.
(B) Pasadena Social Services IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
CLIENT SPECIFICALLY ACKNOWLEDGES THAT Pasadena Social Services IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.
(D) IN NO EVENT WILL Pasadena Social Services, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Pasadena Social Services OR THE Pasadena Social Services SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Pasadena Social Services. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Pasadena Social Services.
(E) IN ADDITION TO THE FOREGOING, NEITHER Pasadena Social Services, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Pasadena Social Services, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, Pasadena Social Services, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Pasadena Social Services shall have the right, but not the obligation, to monitor the content of Pasadena Social Services, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Pasadena Social Services and to satisfy any law, regulation or authorized government request. Pasadena Social Services shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Pasadena Social Services. Without limiting the foregoing, Pasadena Social Services shall have the right to remove any material that Pasadena Social Services, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Client agrees to defend, indemnify and hold harmless Pasadena Social Services, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Pasadena Social Services by Client or Client's Account.
9. Termination.
Either Pasadena Social Services or Client may terminate this Agreement at any time. Without limiting the foregoing, Pasadena Social Services shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Pasadena Social Services, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
Pasadena Social Services and each of their logos are trademarks of Pasadena Social Services, Inc. All rights are reserved. All other trademarks appearing on Pasadena Social Services are the property of their respective owners.
11. Third Party Content.
Pasadena Social Services is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Pasadena Social Services has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Pasadena Social Services, are those of the respective author(s) or distributor(s) and not of Pasadena Social Services.
Neither Pasadena Social Services nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Pasadena Social Services represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Pasadena Social Services. Pasadena Social Services neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Pasadena Social Services by anyone other than authorized Pasadena Social Services employee spokespersons while acting in their official capacities.
Under no circumstances will Pasadena Social Services be liable for any loss or damage caused by a Client's reliance on information obtained through Pasadena Social Services. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Pasadena Social Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for Pasadena Social Services constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Pasadena Social Services, or in any way relating to your use of Pasadena Social Services, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Pasadena Social Services or its subsidiaries, employees, contractors, officers, directors, and content providers.
No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
For any questions or requests other than copyright issues, please contact Pasadena Social Services.
Pasadena Social Services
2029 Verdugo Blvd. #734
Montrose, CA 91020
14. Children's Privacy.
Pasadena Social Services is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
15. Advertisements and Links.
Pasadena Social Services does not endorse the content on any third-party websites. Pasadena Social Services is not responsible for the content of linked third-party sites, sites framed within Pasadena Social Services, or third-party advertisements, and does not make any representations regarding their content or accuracy.
Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Pasadena Social Services does not endorse any product advertised on Pasadena Social Services.
