November 28, 2012

Developing Wings, Inc. Community Website Member Agreement

  1. This is a legal agreement between the "member" and Developing Wings, Inc.  If you do not agree to all the terms and conditions of this agreement, do not purchase or use this service.    Member and Developing Wings, Inc. agree that this entire agreement can be agreed to electronically and written signatures are not needed.
  2. The term "member" refers to you the user and any company, organization, or family you are representing.
  3. Developing Wings, Inc. reserves the right to augment, enhance, or modify our service at any time without prior notification.
  4. It may be necessary to revise this contract at times.  If you, the member, do not agree to contractual changes, or do not adhere to the terms of this agreement, Developing Wings, Inc. reserves the right to cancel and/or suspend your service.
  5. Member shall not use our service for any unlawful purposes.  Nor shall member use our service for anything this agreement prohibits. 
  6. Member is prohibited from doing anything that will adversely affect the Developing Wings, Inc. service and/or systems, either intentionally or by accident.
  7. Member is prohibited from attempting to enter any Developing Wings, Inc. password protected areas and/or any non-public areas of our service.
  8. Member is prohibited from attempting to gain unauthorized access to or information of any kind from other member sites.
  9. Developing Wings, Inc. will automatically renew member service at the end of each subscription unless member notifies Developing Wings, Inc. of service termination at least 30 days prior to end of subscription.  Service renewals will be for the last subscription setting. Renewal package price will be based on package size at final day of ending subscription.
  10. Developing Wings, Inc. will archive member data for 30 days following subscription termination.  Once service is terminated there will be a $50.00 fee to reactivate service in the first 30 days, Member agrees that all data and site information will be lost 30 days after subscription is terminated.
  11. Developing Wings, Inc. reserves the right to, but is under no obligation to monitor member sites.  Because of this, Developing Wings, Inc. is not responsible for the accuracy and appropriateness of member sites.  Developing Wings, Inc. reserves the right to terminate service and/or remove and withhold any information held on its server at any time.
  12. Member acknowledges that member caution must be used in posting and identifying any personal or confidential information on member website.
  13. Member controls their password information on the member site and while Developing Wings, Inc. will work to provide a secure environment for member sites, any breaches of this security for any reason are not the responsibility of Developing Wings, Inc..  No data transmission over the internet can be guaranteed to be 100% secure.  In the event of any security breaches, Developing Wings, Inc. will work with member to try to make necessary adjustments to secure the site in a timely manner.
  14. Member is completely responsible for all content, photos, and information on their pages or information they have uploaded to the site.  Member is responsible for adhering to any copyright laws and/or laws of any kind pertaining to the content of their site. 
  15. Developing Wings, Inc. reserves the right to disclose any member site information and content to law enforcement authorities.
  16. Member agrees to conduct all business on a Developing Wings, Inc. website ethically, responsibly, and legally.  Accordingly, member will not knowingly transmit any viruses or code capable of interrupting computer service.  Member will not impersonate another person or company falsely.  Member will not upload or post any information or images they are not authorized to use and share.  Members will not transmit unauthorized messages of any kind, or "spam". Member will not sell or link to any sites selling goods and services illegally.  Member will not post any third party images without their consent or the consent of a parent in the case of a minor.
  17. Developing Wings, Inc. is not responsible for transactions of any kind between member and a third party.  Member releases Developing Wings, Inc. from all claims, damages, and demands from any third parties.
  18. Member is completely responsible for member computer and releases Developing Wings, Inc. from any claims, damages, and demands on member computers and equipment.  Member is completely responsible for all image uploads and agrees that Developing Wings, Inc. is not responsible for any damage occurring due to uploads.
  19. Developing Wings, Inc. offers no warranty to member.  Developing Wings, Inc. will work to minimize service interruptions and to ensure a high quality service to our members but offers no warranty or refund of any kind.
  20. This agreement covers both Developing Wings, Inc. and all of its suppliers.
  21. Member agrees not to resell Developing Wings, Inc. service and website to any third party without prior consent from Developing Wings, Inc..
  22. Member agrees not to attempt to replicate or copy any portion of Developing Wings, Inc. software, code, templates, or service.
  23. Member agrees to settle through arbitration in Lake County Montana any disputes that arise between Member and Developing Wings, Inc..  Member also agrees that any claim must be made within 1 year of occurrence in question or all claims are barred forever.
  24. Member acknowledges that the terms of this agreement survive beyond termination of service or subscription and continue indefinitely.
  25. Developing Wings, Inc. reserves the right to display Developing Wings, Inc. logo and links or site logo and links on any portion of Member site.
  26. Terms of this agreement extend to all URL's using Developing Wings, Inc. service and software and are not confined to a "Developing Wings, Inc..com: URL.  Terms of this agreement extend to third party URLs provided by Developing Wings, Inc. suppliers.
  27. Developing Wings, Inc. reserves the right to change, halt, or discontinue any part of its service without notification or member authorization.  Member agrees that Developing Wings, Inc. is not liable for any damages occurring from such a change.  If at any time Member cannot accept such changes, then Members sole remedy is to cancel service with Developing Wings, Inc..
  28. In the event that Member wishes to terminate service, Member must contact  Developing Wings, Inc. (www.developingwings.com/contact) with the website name and business name.  We will contact you and send an email conformation number for the cancelation.  No pre-paid fees will be refunded and certain cancelation fees may apply.
  29. In the event that Developing Wings, Inc. wishes to terminate Member account, due to breech of any portion of this agreement then Member forfeits all pre-paid fees and receives no refund.
  30. In the event that Developing Wings, Inc. agrees to a Member credit, Developing Wings, Inc. reserves the right to apply that credit to future business with Member rather than reimbursing the Member.
  31. Member agrees to maintain an updated and accurate member profile at Developing Wings, Inc. or on a Developing Wings membership site, at all times.  This includes accurate and current credit card information and email address.  Member acknowledges this member profile is Developing Wings, Inc.'s primary means of maintaining customer contact.
  32. Developing Wings, Inc. has chosen a third party service to handle customer transactions for our service.  Member agrees that Developing Wings, Inc. is not responsible for any disputes or claims arising from the transactions between third parties, such as between PayPal and the Member.
  33. Developing Wings, Inc. has selected a third party company to manage its servers for Developing Wings, Inc. websites.  While Developing Wings, Inc. will work with this third party to provide reliable service, Member agrees that Developing Wings, Inc. is not responsible for any problems arising from such third party companies as the one hosting our server.
  34. If any provision of this agreement is deemed invalid the balance of the agreement remains in tact and valid.