INTRODUCTION
By entering Operationwaypoint.com, or any other Web Site owned or operated by Operation Waypoint, Inc. or any of its affiliates that posts this Terms of Use, you are accepting and agreeing to the Terms of Use described below (except to the extent any such Web Site may post a different terms of use policy applicable to it), and your use of this Web Site is subject, at all times, to the Terms of Use below. Operation Waypoint reserves the right to discontinue or modify and Operation Waypoint Web Site and the Terms of Use at any time without prior notice. These changes are effective when posted. You are responsible for reviewing these Terms of Use and your access and/or use of any Operation Waypoint Web Site constitutes acceptance of the Terms of Use herein.
LICENSE TO USE THE OPERATION WAYPOINT WEB SITE
Operation Waypoint grants you a non-exclusive, non-transferable, limited right and license to access, and use and privately display the Operation Waypoint Web Site and the materials thereon provided that you comply fully with these Terms of Use . You shall not interfere or attempt to interfere with the operation of the Operation Waypoint Web Site in any way through any means or device including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Use.
OWNERSHIP
All title, ownership, and intellectual property rights in and to the Operation Waypoint Web Sites (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, concepts, artwork, methods of operation, moral rights, and any related documentation) are owned by Operation Waypoint, Inc. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any articles, opinions, photographs, images, video, advertising, trademarks, service marks, logos, trade names, computer code or any other intellectual property (collectively the “Materials”) from an Operation Waypoint Web Site without the prior written permission of the owner of the property. Any modification of the Materials or any portion thereof, or use of the Materials for any other purpose constitutes and infringement of Operation Waypoint’s copyrights and other proprietary rights. Use of Materials on any other Web Site or other networked computer environment is prohibited without prior written permission from Operation Waypoint.
FORUMS/POSTINGS
The Operation Waypoint Web Site includes a Forum or Message Board, which allows visitors to interact with each other by posting messages and/or other content to Operationwaypoint.com, you automatically grant (or warrant that the owner of such rights has expressly granted) Operation Waypoint a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translatem sub-license, reate derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe, and agree that Operation Waypoint shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation. In addition, you warrant that the content as uploaded or posted by you does not violate any person's rights, including, without limitation, any so-called "moral rights".
Operation Waypoint will have no responsibility to monitor the Message Boards or any Content posted thereon. However, Operation Waypoint reserves the right to remove, edit or delete content that Operation Waypoint, in its sole discretion, determines to be unsuitable for the Message Boards. Each Message Board participant is responsible or liable for any material her or she posts on the Message Board, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Message Boards (the "Content"). Listed below are some, though not all, violations that may result in Operation Waypoint terminating or suspending your access to a Message Board. You understand that the uploading to and/or posting of any Content in any Message Board shall not be subject to any obligation of confidence on the part of Operation Waypoint, and Operation Waypoint shall not be liable for any use or disclosure of any Content. You agree not to do any of the following actions while using any Message Board:
- Harass, threaten, embarrass or cause distress or discomfort upon another Message Board participant, user, or other individual or entity;
- Transmit any Content in any Message Board that Operation Waypoint considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- Impersonate in any Message Board any person, including but not limited to, an Operation Waypoint official, message board leader, guide or host;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Message Boards;
- Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing any Message Board; and
- Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
You agree to indemnify Operation Waypoint for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Message Board or your failure to comply with these Terms of Use. Without limiting Operation Waypoint's rights set forth above, Operation Waypoint reserves the rights to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or is otherwise unacceptable.
LINKS
When accessing or using the Operation Waypoint Web Site, you may be directed to other Web sites that are not affiliated with Operation Waypoint (the "Unaffiliated Sites"). Operation Waypoint is not a sponsor of, does not endorse, and is not responsible for the content or availability of any activity or content that takes place on an Unaffiliated Site. Your access of the Unaffiliated Sites is at your own risk.
REGISTRATION
Certain areas of the Operation Waypoint Web Site may require you to register or provide information in order to access or participate in such areas. All such requirements to provide information are subject to both these Terms of Use and any privacy policies posted on such Operation Waypoint Web Sites. You have the option of providing registration information or not. However, should you choose not provide the information, your access to the Operation Waypoint Web Sites may be limited. If you do decide to provide us with the requested registration information, you agree to provide only true, current and accurate information.
DOWNLOADS
You may download those Materials contained on the Operation Waypoint Website expressly designed for download, provided that you may use such downloaded Materials solely for use related to the Ranking System including but not limited to, signing up new members on site, distributing materials to encourage new sign ups, and tracking members deployment points at events.
SWEEPSTAKES
From time to time the Operation Waypoint Web Sites may offer you the ability to enter into sweepstakes contests. These contests are governed by an additional set of rules.
VIOLATIONS/TERMINATIONS
Operation Waypoint, in its sole discretion, may determine your compliance with these Terms of use. Operation Waypoint reserves the right to prevent or limit your access to the Operation Waypoint Web Site for any violation of these Terms of Use and may refer your activity to law enforcement authorities in its sole discretion. Upon termination, you must discontinue your use of and destroy any Materials all related materials obtained from the Operation Waypoint Web Site.
Indemnification
You agree to indemnify, defend and hold Operation Waypoint and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with any breach by you of the Terms of Use. Operation Waypoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Operation Waypoint's defense of such claim.
DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY
THE OPERATION WAYPOINT WEB SITES, THE MATERIALS AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, AND OPERATION WAYPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING THERETO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OPERATION WAYPOINT DOES NOT WARRANT OR REPRESENT THAT THE OPERATION WAYPOINT WEB SITES, MESSAGE BOARDS OR SOFTWARE WILL BE AVAILABLE, ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OR THAT ANY DEFECTS THAT MAY BE CONTAINED THEREIN WILL BE CORRECTED.
IN NO INSTANCE WILL OPERATION WAYPOINT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE OPERATION WAYPOINT WEB SITES, THE MATERIALS, OR SOFTWARE, EVEN IF OPERATION WAYPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR DISCLAIMERS, IN WHICH CASE SOME OF THESE WARRANTIES AND/OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.
GENERAL
The Operation Waypoint Web Sites are operated by Operation Waypoint, Inc. from its office in the State of New York in the United States of America. Operation Waypoint does not represent that the Operation Waypoint Web Sites are appropriate for use in other locations. Those who choose to access the Operation Waypoint Web Sites from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and not the extent local laws are applicable.
These Terms of Use are governed by the laws of the State of New York, without giving effect to any principles of conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of New York. Any action you, any third party, or Operation Waypoint brings to enforce these Terms of Use or in connection with any matters relating to the Operation Waypoint Web Sites shall be brought in either the state or federal courts located in New York, and you expressly consent to the jurisdiction of said courts. If any provision of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement and understanding between you and Operation Waypoint, and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.
