We (the folks at ClassTop, Inc.) run a Website called YearbookReunions.com that helps you get in touch with past classmates and
friends and we would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as
Who Visited You? and organizing Reunions. Our service is designed to give you as much control and ownership over what goes on your
site as possible and we encourage you to express yourself freely. However, be responsible in what you publish. In particular, make
sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses,
or hate content).
The following terms and conditions govern all use of the YearbookReunions.com website and all content, services and
products available at or through the website, including, but not limited to, the YearbookReunions.com paid subscription
("Premium Access Service Service"), (taken together, the Website). The Website is owned and operated by ClassTop, Inc. ("ClassTop").
The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all
other operating rules, policies (including, without limitation, ClassTop's Privacy Policy) and procedures that may be published
from time to time on this Site by ClassTop (collectively, the "Agreement"). By agreeing to these Terms, you are also accepting
the terms of our Privacy Policy.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site,
you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions
of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an
offer by ClassTop, acceptance is expressly limited to these terms. The Website is available only to individuals who are at
least 13 years old.
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Your YearbookReunions.com Account and Site. If you create a profile on the Website, you are responsible for
maintaining the security of your account and profile, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with the profile. You must not describe or
assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade
on the name or reputation of others, and ClassTop may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause ClassTop liability.
You must immediately notify ClassTop of any unauthorized uses of your profile, your account or any
other breaches of security. ClassTop will not be liable for any acts or omissions by You, including
any damages of any kind incurred as a result of such acts or omissions.
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Responsibility of Contributors. If you operate a profile, comment on a profile, post material to the Website,
post links on the Website, or otherwise make (or allow any third party to make) material available by means
of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other profiles and web sites, and similar unsolicited promotional methods;
- your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ClassTop or otherwise.
- Some of ClassTop Inc's websites provide users with the ability to message or email other users. You agree to not harass, spam or broadcast unsolicited mass distribution of messages, files or images to other users. If you receive email or messages that you find harassing, please forward a copy of the email to us with a description of the problem.
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Fees and Payment. Optional premium paid services such as "PREMIUM ACCESS SERVICE" are available on the Website.
If you purchase any PREMIUM ACCESS SERVICE that we offer for a fee, either on a one-time or subscription basis,
you agree to ClassTop, Inc. storing your payment card information. By selecting a PREMIUM ACCESS SERVICE you
agree to pay ClassTop the monthly, quarterly, annual or multi-annual subscription fees indicated for that service
(the payment terms for PREMIUM ACCESS SERVICE are described below). Payments will be charged on the day you sign
up for a premium service and will cover the use of that service for a monthly, quarterly, annual or multi-annual
period as indicated. You also agree to pay the applicable fees for the PREMIUM ACCESS SERVICE (including, without
limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for
all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date
you cancel your subscription to the PREMIUM ACCESS SERVICE. All sales are final. All fees and charges are
nonrefundable and there are no refunds or credits for partially used periods. You may cancel your Premium
Services here. You also acknowledge that ClassTop's Premium Services are subject to this Agreement. ClassTop
reserves the right to change the payment terms and fees upon thirty (30) days prior written notice (including email)
to you. PREMIUM ACCESS SERVICE can be canceled by you at anytime on 30 days written notice to ClassTop.
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Trial Promotions. ClassTop, Inc. occasionally offers promotional trial access to its PREMIUM ACCESS SERVICE
at special discounted prices. Users who sign up for these trial memberships will be automatically renewed at
the advertised subscription rate after the trial period has terminated, unless the user cancels before the
end of the trial.
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Responsibility of Website Visitors. ClassTop has not reviewed, and cannot review, all of the material,
posted to the Website, and cannot therefore be responsible for that material's content, use or effects.
By operating the Website, ClassTop does not represent or imply that it endorses the material there posted,
or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. The Website may contain content that is offensive, indecent, or
otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and conditions, stated or unstated. ClassTop
disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
Sharing Your Content and Information. You own all of the content that you produce on YearbookReunions.com or any
ClassTop, Inc. website. When posting content you grant us and our third-party service providers, subject to our
Privacy Policy, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use on or in
connection with our websites. ClassTop, Inc. may at its option, distribute, display, modify and develop new
material using your content on our websites for the marketing and promotion of our services. You may not upload
or submit content that is trademarked or copyrighted unless you own that content. If you delete Content,
ClassTop will use reasonable efforts to remove it from the Website, but you acknowledge that caching or
references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ClassTop has the right (though not the obligation) to,
in ClassTop's sole discretion (i) refuse or remove any content that, in ClassTop's reasonable opinion, violates any
ClassTop policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website
to any individual or entity for any reason, in ClassTop's sole discretion. ClassTop will have no obligation to provide
a refund of any amounts previously paid.
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Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material,
including computer software, made available through the websites and web pages to which YearbookReunions.com
links, and that link to YearbookReunions.com. ClassTop does not have any control over those non-YearbookReunions
websites and web pages, and is not responsible for their contents or their use. By linking to a
non-YearbookReunions website or webpage, ClassTop does not represent or imply that it endorses such
website or webpage. You are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ClassTop
disclaims any responsibility for any harm resulting from your use of non-YearbookReunions websites and web pages.
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Copyright Infringement and DMCA Policy. As ClassTop asks others to respect its intellectual property rights,
it respects the intellectual property rights of others. If you believe that material located on or linked to by
YearbookReunions.com violates your copyright, you are encouraged to notify ClassTop. ClassTop will respond to
all such notices, including as required or appropriate by removing the infringing material or disabling all
links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the
copyrights or other intellectual property rights of ClassTop or others, ClassTop may, in its discretion,
terminate or deny access to and use of the Website. In the case of such termination, ClassTop will have no
obligation to provide a refund of any amounts previously paid to ClassTop.
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Merger or Acquisition. In the event of a merger, reorganization, or acquisition of ClassTop or its assets or
subsidiaries and in order to ensure a smooth transition of services relative to your subscription, ClassTop, Inc.
may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition,
reorganization, or sale.
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Intellectual Property. This Agreement does not transfer from ClassTop to you any ClassTop or
third party intellectual property, and all right, title and interest in and to such property
will remain (as between the parties) solely with ClassTop. ClassTop, YearbookReunions, YearbookReunions.com,
the YearbookReunions.com logo, and all other trademarks, service marks, graphics and logos used in connection
with YearbookReunions.com, or the Website are trademarks or registered trademarks of ClassTop or ClassTop's
licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or
otherwise use any ClassTop or third-party trademarks.
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Changes. ClassTop reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
ClassTop may also, in the future, offer new services and/or features through the Website (including, the
release of new tools and resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
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Termination. ClassTop may terminate your access to all or any part of the Website at any time, with or without cause,
with or without notice, effective immediately. If you wish to terminate this Agreement or your YearbookReunions.com
account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a
PREMIUM ACCESS SERVICE account, such account can only be terminated by ClassTop if you materially breach this Agreement
and fail to cure such breach within thirty (30) days from ClassTop's notice to you thereof; provided that, ClassTop can
terminate the PREMIUM ACCESS SERVICE immediately as part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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Disclaimer of Warranties. The Website is provided "as is". ClassTop and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither ClassTop nor its suppliers
and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website
at your own discretion and risk.
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Limitation of Liability. In no event will ClassTop, or its suppliers or licensors, be liable with respect
to any subject matter of this agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or
substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to ClassTop under this agreement during the twelve (12) month period
prior to the cause of action. ClassTop shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in
strict accordance with the ClassTop Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your country, state, city, or
other governmental area, regarding online conduct and acceptable content, and including all applicable
laws regarding the transmission of technical data exported from the United States or the country in which you reside)
and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
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Indemnification. You agree to indemnify and hold harmless ClassTop, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any and all claims and expenses, including
attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
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Miscellaneous. This Agreement constitutes the entire agreement between ClassTop and you concerning
the subject matter hereof, and they may only be modified by a written amendment signed by an authorized
executive of ClassTop, or by the posting by ClassTop of a revised version. Except to the extent applicable
law, if any, access to or use of the Website will be governed by the laws of the state of Utah, U.S.A.,
excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating
to any of the same will be the state and federal courts located in Salt Lake City, Utah. Except for claims
for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought
in any competent court without the posting of a bond), any dispute arising under this Agreement shall be
finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration
shall take place in Salt Lake City, Utah, in the English language and the arbitral decision may be enforced in
any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to
costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties' original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights
under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;
ClassTop may assign its rights under this Agreement without condition. This Agreement will be binding upon
and will inure to the benefit of the parties, their successors and permitted assigns.