DESCRIPTION
OF SERVICES
Throughout
this Web site, BoeAlps provides you with access to a variety of resources,
including download areas, communication forums and product information
(collectively "Services"). The Services, including any updates,
enhancements, and/or new features, are subject to the TOU.
PRIVACY
AND PROTECTION OF PERSONAL INFORMATION.
See
the Privacy Statement disclosures
relating to the collection and use of your information.
NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any
software that is made available to download from the Services
("Software") is the copyrighted work of its author, its suppliers
and/or other registered users of the Services. Use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user will be
unable to install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms.
The
Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, BOEALPS HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, BOEALPS
MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS
AND UTILITIES FOR USE AND/OR DOWNLOAD. BOEALPS DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE
OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN BOEALPS SOFTWARE PRODUCTS.
RESTRICTED
RIGHTS LEGEND. Any
Software which is downloaded from the Services for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"), is
provided with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
NOTICE
SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE . Permission to use Documents
(such as white papers, press releases, datasheets and FAQs) from the Services
is granted, provided that (1) the below copyright notice appears in all copies
and that both the copyright notice and this permission notice appear, (2) use
of such Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents are made.
Accredited educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Documents
specified above do not include the design or layout of the BoeAlps.org Web site
or any other BoeAlps owned, operated, licensed or controlled site. Elements of
BoeAlps Web sites are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any BoeAlps Web site may be copied or
retransmitted unless expressly permitted by BoeAlps.
BOEALPS
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BOEALPS AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BOEALPS
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOEALPS
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL BOEALPS AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE
SERVICES.
MEMBER
ACCOUNT,PASSWORD, AND SECURITY. If any of the Services requires you to open an account,
you must complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable registration
form. You also will choose a password and a user name. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under your
account. You agree to notify BoeAlps immediately of any unauthorized use of
your account or any other breach of security. BoeAlps will not be liable for
any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held
liable for losses incurred by BoeAlps or another party due to someone else
using your account or password. You may not use anyone else's account at any
time, without the permission of the account holder.
NO
UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Services in any manner that could
damage, disable, overburden, or impair any BoeAlps server, or the network(s)
connected to any BoeAlps server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized access to
any Services, other accounts, computer systems or networks connected to any BoeAlps
server or to any of the Services, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Services.
USE
OF SERVICES. The
Services may contain bulletin board services, chat areas, news groups, forums,
communities, and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service"
and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using
the Communication Services, you will not:
- Use the Communication Services
in connection with surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available,
files that contain images, photographs, software or other material
protected by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or have received
all necessary consent to do the same.
- Use any material or
information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage the operation of
another's computer or property of another.
- Advertise or offer to sell or
buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
- Download any file posted by
another user of a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
- Falsify or delete any
copyright management information, such as author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other
user from using and enjoying the Communication Services.
- Violate any code of conduct or
other guidelines which may be applicable for any particular Communication
Service.
- Harvest or otherwise collect
information about others, including e-mail addresses.
- Violate any applicable laws or
regulations.
- Create a false identity for
the purpose of misleading others.
- Use, download or otherwise
copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or
any portion thereof.
MATERIALS
PROVIDED TO BOEALPS OR POSTED AT ANY BOEALPS WEB SITE. BoeAlps does not claim ownership
of the materials you provide to BoeAlps (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private community,
(each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you understand and agree that you're
giving a license under your intellectual property rights to all authorized
users, including the rights to download, copy, modify, distribute and repost.
In addition, you're giving BoeAlps all the necessary rights to make your
Submission(s) available on this site.
No
compensation will be paid with respect to the use of your Submission, as
provided herein. BoeAlps is under no obligation to post or use any Submission
you may provide and BoeAlps may remove any Submission at any time in its sole
discretion.
By
Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In
addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or that the copyright owner
of such Images has granted you permission to use such Images or any content
and/or images contained in such Images consistent with the manner and purpose
of your use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for each
such Images available to members of such private community), and/or (b) to the
general public (for each such Images available anywhere on the Services, other
than a private community), permission to use your Images in connection with the
use, as permitted by these Terms of Use, of any of the Services, (including, by
way of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Images
without having your name attached to such Images, and the right to sublicense
such rights to any supplier of the Services. The licenses granted in the
preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the time
you completely remove such Images. No compensation will be paid with respect to
the use of your Images.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS
TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE BOEALPS'S SITE. THE LINKED SITES ARE
NOT UNDER THE CONTROL OF BOEALPS AND BOEALPS IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. BOEALPS IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BOEALPS IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY BOEALPS OF THE SITE.
COPYRIGHT
NOTICE. Copyright
© 1997-2006 Boeing Alpine Society, Boeing Employees Alpine Society, PO Box 3707,
Seattle, WA 98124, c/o Bob Magers, U.S.A. All rights reserved.
Any
rights not expressly granted herein are reserved.
Send
your questions to: Board Members