Myautismcommunity.com Terms of Use Agreement



Effective June, 2009



Myautismcommunity.com (“MAC,” “Site,” “We” or “Us”) is a website to connect adult family members and friends of children and adults with autism and allow them to share information, ask questions, and provide support. MAC is a social networking site for entertainment purposes only and is not intended to diagnose autism or promote therapy strategies. We have developed this Terms of Use Agreement (“Agreement”) to ensure proper use of the Site. The services offered by MAC include the myautismcommunity.com Site and any other features, content, or applications offered from time to time by Us in connection with the Site.

This Site is a general audience website. Children under 13 are welcome to be visitors to the Site, but may not register, or post content to the Site.

1. Acceptance of Terms

This Agreement sets forth the legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with myautismcommunity.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

MAC may modify this Agreement from time to time and such modification shall be effective upon posting by MAC on the Site. In addition, in order to participate in certain MAC services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. All such additional terms and conditions are hereby incorporated by reference into this Agreement.

2. Description of Services

The Site currently allows Users to register and create a profile, view local news related to autism, upload photos and videos, join communities, participate in discussions, become pals with other Members, and send and receive messages to and from other Members. Unless explicitly stated otherwise, any additional or new features of the Site shall be subject to this Agreement.

3. Eligibility

Use of and Membership in MAC is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. Member Account, Password, and Security

You select a username and password upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Non-Commercial Use

The Site is for the personal use of Members and Visitors only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us. Illegal and/or unauthorized use of the Site is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.

6. Content Posted

You are welcome to post, transmit or submit messages and other materials (which include text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials) (collectively “Content”) to public areas within this Site.

We may delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users. We do not endorse and have no control over the Content. Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of MAC. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You acknowledge and agree that MAC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MAC, our Users, or the public.

7. Proprietary Rights

By displaying or publishing (“posting”) any Content on or through the Site, you hereby grant to MAC a world-wide, royalty-free, and non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

The Site contains Content of MAC (“MAC Content”). MAC Content is protected by copyright, trademark, patent, trade secret and other laws, and MAC owns and retains all rights in the MAC Content and the MAC Site. MAC hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MAC Content (excluding any software code) solely for your personal use in connection with viewing and using the Site.

The Site contains Content of Users and other MAC licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.

8. Content/Activity Prohibited

You agree to not use the Site to:
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm other Users in any way;
  • impersonate any person or entity, including, but not limited to, a MAC moderator or Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • use blanket or mass messages to reach large numbers of Users;
  • advertise to or solicit funds from any Users;
  • upload, post, email, transmit 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;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • “stalk” or otherwise harass other Users; or
  • collect or store personal data about other Users.


9. Privacy

You agree to protect the privacy of Members in discussion groups by using your own and others’ initials or screen names only.

Use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

10. International Use and Export Controls

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. Indemnity

You agree to indemnify and hold MAC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site causes MAC to be liable to another.

12. Links

MAC may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MAC has no control over such sites and resources, you acknowledge and agree that MAC 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 on or available from such sites or resources. You further acknowledge and agree that MAC 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.

13. Disputes

This Agreement constitutes the entire agreement between you and MAC, and governs your use of the Site, superseding any prior agreements between you and MAC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If there is any dispute about or involving the Site, you agree that the dispute shall be governed by the laws of the State of Maryland, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Maryland, City of Annapolis.

14. Modifications to Site

MAC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that MAC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

15. Termination

You agree that MAC, in its sole discretion, may terminate your membership or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if MAC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. MAC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MAC may immediately deactivate or delete your membership and all related information in your account and/or bar any further access to the Site. Further, you agree that MAC shall not be liable to you or any third party for any termination of your access to the Site.

16. Disclaimers

MAC is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site. MAC is not responsible for the conduct, whether online or offline, of any User of the Site. MAC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. MAC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall MAC be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a MAC event, from any Content posted on or through the Site, or from the conduct of any Users of the Site, whether online or offline. The Site is provided “AS-IS” and as available and MAC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MAC cannot guarantee and does not promise any specific results from use of the Site.



17. LIMITATION OF LIABILITY

IN NO EVENT SHALL MAC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

18. Other

This Agreement is accepted upon your use of the Site. This Agreement constitutes the entire agreement between you and MAC and governs your use of the Site, superseding any prior agreements between you and MAC. The failure of MAC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

19. Violations

If you become aware of misuse of the Site by any person, please contact MAC at myautismcommunity@hotmail.com.