Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE FCPCS WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE FCPCS WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 13 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 13 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
Registering as a Member
You do not have to be a FCPCS Member to use this Site. However, only Members can access some of the most popular features and services that FCPCS currently offers, such as Groups, Forums, Private Messages, The Community PostSM, JewishMiami.TV, Social Networking features or other services that we may offer in the future (the “Services”). Registration is free. If you are not registered with us, please register and become eligible for all of FCPCS features.
When you register with FCPCS, you will be asked to provide us with your name, ZIP code, email address and other information that we may request. Your username and ZIP code will become part of your profile (“Profile Data”), which you can add to or change from time to time. Your individual profile page will refer to you by your first name and first initial of your last name. With exception to your profile page, your username name will identify you in all public areas of the Site. Keep in mind that in a Member Search, a Member can search for first name, last name, or username even if your full name is not displayed publicly on the Site. You will be asked to create a password.
Your username and password will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) use a username of another person with intent to impersonate that person, (ii) use a username in which another person has rights without authorization from that person, or (iii) use a username name that FCPCS, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or FCPCS has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify FCPCS of any known or suspected unauthorized use of a Member’s account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Member’s password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his username and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member.
User Content Posted on the Site
You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that FCPCS may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of FCPCS violates this Agreement or FCPCS Community Guidelines, or which might be offensive, illegal or otherwise inappropriate, or that might violate the rights, harm or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to FCPCS.
By submitting User Content to the Site, you grant to FCPCS and its successors in interest a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation. You also grant each user of the FCPCS Site a non-exclusive license to access your User Content as permitted through the functionality of the Site and under these TOS. You further acknowledge and agree that: (a) other individuals or entities, including other Internet users, as well print or broadcast news media, have the right to use such material in their communications; and (b) you will not receive compensation for your submission or any use thereof.
You understand the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Site to:
- Harvest or collect contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited communications;
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- Use automated scripts to collect information from or otherwise interact with the Service or the Site;
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Solicit personal information from anyone under 13 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass another;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Use or attempt to use another’s account, service or system without authorization from FCPCS, or create a false identity on the Service or the Site.
- • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of FCPCS, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose FCPCS or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by the FCPCS Community Guidelines that provides further information regarding the authorized conduct of users on FCPCS.
Our Content Removal Rights
We reserve the right, but not the obligation, to monitor, edit or remove any Content at any time and without notice if we believe that (i) the Content violates these TOS or the Community Guidelines, (ii) removal is necessary to protect the rights, property or personal safety of FCPCS, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject. We can also remove Content if we believe that doing so will improve our Site and the experience of our Members.
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings and other materials is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. FCPCS owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site (“Marks”) are trademarks of their respective owners, including the The Florida Consortium of Public Charter Schools and its partners. Users are prohibited from using any Marks without the written permission of FCPCS or such third party that may own the Marks.
Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without the The Florida Consortium of Public Charter Schools’s prior written consent. You may download content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of FCPCS. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER FCPCS PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Through the Site we provide tools that enable our users to arrange physical gatherings (“Gatherings”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise all Gatherings and are not involved in any way with the actions of any individuals at these Gatherings. As a result, we have no control over the identity or actions of the individuals who are present at these Gatherings, and we request that our users exercise caution and good judgment when attending these Gatherings.
Because we have limited supervision and do not control the gatherings or interactions among members and other persons or companies, and because we are not involved in any way with physical transportation to or from these Gatherings or with the actions of any individuals at these gatherings, we cannot guarantee the true identity, age, nationality of FCPCS users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of FCPCS you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries and third-party partners) and Group Organizers and their designees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of FCPCS, your third-party transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Information received from the Site and Gatherings
You assume full responsibility for using the information on this Site and from our Gatherings. FCPCS is neither responsible nor liable for any claim, loss or damage resulting from the use of information on this Site. While we try to keep the information as accurate as possible, we disclaim any implied warranty or representation about its accuracy or completeness. All health-related information provided on our site is intended to educate and inform visitors about illnesses and conditions and ways to maintain optimum health. It is not intended to diagnose personal physical conditions and is not a substitute for consulting with one’s own personal health care provider.
Communications from FCPCS
By registering for FCPCS, you will receive online communications from the The Florida Consortium of Public Charter Schools. To unsubscribe from any FCPCS email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list.
The Site, or Members, may provide links to other World Wide Web sites or resources. Because FCPCS has no control over such sites and resources, you acknowledge and agree that FCPCS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources. You further acknowledge and agree that FCPCS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold FCPCS, and its affiliates, business partners, and their respective officers, directors, employees and agents, harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur in connection with a third-party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN “AS-IS” “WHERE-IS” AND “WHERE-AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT FCPCS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT FCPCS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, FCPCS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT FCPCS IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. FCPCS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FCPCS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF FCPCS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Access Restrictions; Termination
We can suspend or terminate your Membership in FCPCS and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, in FCPCS’s sole discretion, you fail to comply with any of the TOS or the Community Guidelines. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.
You understand and agree that your Membership in FCPCS is subject to and conditioned upon the following: Your continued adherence to these TOS and the Community Guidelines and any future modifications thereto. Your violation of these TOS, the Community Guidelines, or any other agreement between you and FCPCS constitute grounds for immediate termination of your Membership without further notice at FCPCS’s sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the FCPCS community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. FCPCS reserves the right to change, discontinue or suspend FCPCS or any of the Services at any time for any reason. Members may terminate their Membership at any time by sending their request to us, using the “Contact Us” button on any page of the Site. FCPCS shall be the sole determiner in cases of suspected abuse, fraud or breach of these TOS or the Community Guidelines. Any decision FCPCS makes relating to termination or suspension of any Member’s account shall be final and binding. FCPCS may terminate any Member’s account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if he/she has not logged into the Site with his/her screen name and password, or contacted FCPCS in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Site and the Services by third parties not within our control. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Florida Consortium of
Public Charter Schools
1225 SE 2nd Avenue, Fort Lauderdale, Florida 33316
Phone: 954-463-9595 | Fax: 904-212-0300
These TOS are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by FCPCS for any violation of FCPCS’s proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA. The location of arbitration shall be Ft. Lauderdale, FL USA.