TERMS OF USE PERMITTED USE AND PROHIBITED USE IN GENERAL We hereby grant you limited permission to use the Site and League Products and Services so long as we provide you with access, and solely for your personal use consistent with the purposes for which same is provided. For the avoidance of doubt, we are not giving you any rights or license other than as expressly set forth in the Terms or terms provided in any Product or Service we deliver to you. All rights are held by the League. We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site and League Products and Services by one or more users, including you, at any time and for any reason. Without limiting the fore going, we specifically prohibit the use of the Site and League Products and Services for any purpose deemed improper by us. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Site and League Products and Services, or Member Information (defined in the Privacy Policy) without our prior written authorization; (ii) use of the Site and League Products and Services or Member Information to transmit or attempt to transmit advertisements without our prior written authorization; (iii) use of the Site and League Products and Services or Member Information to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Site and League Products and Services or Member Information to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users; (v) disruption of servers or networks connected to the Site and League Products and Services or operations, computers or systems of Members; and (vi) of use that is not in compliance with these terms. Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Site and League Products and Services any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Site and League Products and Services. You shall not use Member Information unless in accordance with the Member Information portions of these Terms and Privacy Policy. MODIFICATIONS TO SITE AND LEAGUE PRODUCTS AND SERVICES We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and League Products and Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and League Products and Services. TERMINATION OF ACCESS We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your account (if you have registered) and/or your ability to access the Site and League Products and Services, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate. ERRORS AND OMISSIONS Occasionally there may be information on our Site and League Products and Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site and League Products and Services inaccurate at any time without prior notice. OUR PROPRIETARY RIGHTS You acknowledge and agree that the Site and League Products and Services and Member Information contains proprietary information, content and other materials that are or may be protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents and privacy laws). You acknowledge that you do not acquire any ownership rights in, including any intellectual property rights, through your use of the Site and League Products and Services or Member Information. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on the Site and League Products and Services or Member Information. The League maintains these Terms to protect the League’s operations and rights, and because the League desires to foster the integrity of the League and protect the privacy of the League’s members. However, you understand that these objectives are aspirational. The League cannot control its members and users of the Site and League Products and Services and therefore cannot guarantee that users of the Site and League Products and Services and its members will adhere to the League’s Terms and other rules and requirements. THE SITE AND LEAGUE PRODUCTS AND SERVICES AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND LEAGUE PRODUCTS AND SERVICES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE AND LEAGUE PRODUCTS AND SERVICES. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND LEAGUE PRODUCTS AND SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTICE The Site and League Products and Services may provide notices to you including, without limitation, notices of changes to these Terms or other matters by displaying such notices on the home page of the Site and League Products and Services. You agree that it is your responsibility to review all such notices to be aware of updates and changes. DIGITAL MILLENNIUM COPYRIGHT ACT We are under no obligation to, and do not, scan content used in connection with the Site and League Products and Services, nor do we monitor the conduct of members, for the use or inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site and League Products and Services. (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) 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; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted; (e) 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 (f) 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: You agree to hold us and our subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site and League Products and Services, Member Information (as defined herein) or any information or content on the Site and League Products and Services. CHOICE OF LAW These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, in the State of New York. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. THIRD-PARTY WEBSITE AND RESOURCES and member conduct and member generated Information (“Third Party Resources”) The Site and League Products and Services may provide links to third party website and resources, and may provide access or expose you to social media, Member conduct and Member generated information (“Third Party Resources”). Because we have no control over Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. While the League maintains these Terms, a Privacy Policy and Member Information policy requirements, You understand and You agree that we cannot control third parties or Members and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with Third Party Resources. We may enable social media connectivity on the Site and League Products and Services from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media website or applications are also Third-Party Resources. If you choose to use social media connect functions on the Site and League Products and Services or through Member activity, you acknowledge and agree to abide by the relevant terms and conditions of each respective platform. PRIVACY POLICY This privacy policy (the “Policy”) describes how we collect and use your information, including Member Information. This Policy applies to data you provide us when you access or use the Site and use or purchase League Products and Services. It also applies when you become a Member and to the extent that information you give other Members is subsequently provided to us. The League may modify this Policy from time to time effective upon its posting. It is important that you review the Policy often. This Policy is incorporated into, and is subject to, the Terms. Collection of Personal Information We may also collect Personal Information about you. By “Personal Information”, we mean information that can be used to identify a specific individual. Personal Information may include device identifiers, IP addresses, or “cookies” (“Cookie Data”). This type of information, if collected, is collected through our “Tracking Technologies” described below. Other Personal Information is what you provide to us when registering for a service or purchasing a product. Personal Information includes Member Information (as defined below). By using the Site and League Products and Services and providing any information to us, including Member Information, you are acknowledging that not all portions of the Site are secure and that data transmissions via email, uploaded through a network or on the Site are inherently insecure. We will not intentionally disclose your Personal Information, but we cannot control and will not be liable for interference by third-parties or misconduct by Members or violation of the Member Information policy. You agree not to provide any information through the Site and League Products and Services or email that you would not want shared with others, or information that would cause you damage or irreparable harm, including Member collected information. How We Use Personal Information. We will use your Personal Information to enable us to provide the service or product indicated when you provided the information. We will use your Personal Information in accordance with the Member Information Policy. We may use your Personal Information to identify you when you visit our Site and League Products and Services, to improve the operation and usefulness of our Site and League Products and Services, to enable us to improve our services and products, and comply with applicable laws and law enforcement. Users have the opportunity at any time to remove themselves from our communications or have their respective Member Information deleted by responding to the opt-out information provided on our Site, or in our emails, or by contacting us using the contact information provided below. You understand and acknowledge that we cannot control the actions of Members or whether Members will adhere to the Member Information Policy, and cannot and will not be responsible for Member conduct. How We Protect Personal Information Personal information collected via the Site and League Products and Services, or through other Members, may be stored and processed in the United States and/or any other country in which we maintain facilities, and by using the Site and League Products and Services and providing information to Members, you consent to any such storage, processing and transfer of information into and out of your country, state, and/or territory. Generally accepted standards are used to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security and cannot be liable for security breaches. Tracking Technologies We use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the Site and League Products and Services, track users' movements around the Site and League Products and Services, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. In addition to the other uses of Personal Information described herein, we may use cookie data to remember users' settings (e.g., language preference), and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site and League Products and Services, but your ability to use some features or areas of our Site and League Products and Services may be limited. Data Retention You may request that we delete your Personal Information and after such request, we will retain and use your Personal Information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may disclose your information: (1) if we determine a violation of the Terms has occurred; (2) if we believe such disclosure is necessary to identify or bring legal action regarding or prevent injury or interference with our rights or the rights of another user of the Site and League Products and Services; (3) to respond to legal process or as otherwise required by law; and (4) to assist us in fraud protection or investigation. You understand that information received from you may be used by us for any or all of the reasons described herein. WE WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO USER CONTENT OR OTHER INFORMATION ON OR SUBMITTED THROUGH THE SITE AND LEAGUE PRODUCTS AND SERVICES. Except as otherwise required by law, and in accordance with the Member Information Policy, or as otherwise provided on the Site, any information submitted by you on the Site and League Products and Services or in connection with your use of the Site and League Products and Services, is not considered and will not be treated as confidential. Children’s Privacy We do not knowingly collect or solicit personal information from minors and you represent and warrant that you are not providing any information about a minor. The National Mah Jongg League, Inc.
Welcome to the website of the National Mah Jongg League (the “League”), www.nationalmahjonggleague.org (the “Site”).
These Terms of Use and Privacy Policy (the “Terms”) govern your use of the Site and the products and services you obtain and/or use from the Site and League (“League Products and Services”). Please note that your use of the Site and League Products and Services constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Site or League Products and Services.
The League may revise these Terms at any time, including as new features are added to the Site and League Products and Services. You should visit this page periodically to review the Terms that govern your use of the Site and League Products and Services.
Should you have any questions concerning these Terms of any of our policies, please Contact Us.
DISCLOSURES, WARNINGS AND DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND LEAGUE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
WE MAKE NO WARRANTY THAT THE SITE AND LEAGUE PRODUCTS AND SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SITE AND LEAGUE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SITE AND LEAGUE PRODUCTS AND SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
The National Mah Jongg League, Inc.
Attn: League Director
450 7th Avenue
Suite 405
New York, NY 10123
Phone: 212.246.3052
Fax: 212.246.4117
INDEMNIFICATION
This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these website and League Products and Services. Such social media website may also be able to use information about action you take on our Site and League Products and Services.
However, note that where you choose to publish or share information through the social media links or Members, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site and League Products and Services, you do so at your own risk.
Collection of Non-Personal Information We may collect non-personally identifiable information regarding your visit to the Site and League Products and Services, including becoming a Member. We may utilize third party software to collect this information and reserve the right to change our data collection methods, providers and/or software, at any time in our sole discretion. You also expressly acknowledge and consent to our receipt and use of information you provide to other Members in connection with use of or access to the Site, League Products or Services, or the activities of other Members in connection with the use of League Products or Services. If you do not want non-personally identifiable information collected, it may be possible for you to adjust settings on the electronic equipment you use to access the Site and League Products and Services (e.g., a stationary or mobile computer, phone or tablet) (your “Device”). However, we cannot guarantee that such settings may be changed or will be effective and you assume all risks associated with your access to the Site and League Products and Services and interaction with other Members.
Contact For Any Privacy Concerns:
Attn: Privacy Officer
450 7th Avenue
Suite 405
New York, NY 10123
Phone: 212.246.3052
Fax: 212.246.4117