Terms of Service

Updated: April 2008
Thank you for registering on Commily, an online service for parents to communicate and schedule activities with other parents in their local community.
The Terms of Service covers your use of the Commily platform for creating and enjoying Social scheduling and networking on the Commily Platform.

By registering with Commily, creating, or using activity scheduling and social networking built on Commily (“Commily” or “us”), you are agreeing to these terms of service (“Terms of Service” or “Terms”).

Description & Definitions

Commily is an online service where parents can communicate and coordinate activities with other parents they know and their local community organizations such as churches, social clubs and schools - any time and from any location. (“Platform”). We’d like to define certain terms for this agreement;

Commily Community Groups or Networks
are comprised of Code and Content. Networks are created by Users or Community Leaders or by us and provided, through the use of the Commily Platform, for Users to connect with other Users online. Commily Community Groups include features such as User and family profiles, family friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.

Users
are people who register on Commily to create, organize activities, find, visit, use, and contribute to one or more Commily Community Groups, which can include posting Content or responding to Content.

Commily Community Leaders
are Users who have created a Network or group on the Commily Platform and provide these groups with content and code.

Code
is the source code (e.g., HTML or PHP code) used to provide the functionality behind Commily Community Groups on the Commily Platform. Code may be contributed by us, developed by a User, provided by another User, or any combination of the three.

Content
means any work of authorship (other than the Code and the user interface of a Social Network), including user and family profiles, playdates, carpools, party invitations other events, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the Commily Platform or through any Network. Users upload Content to Commily Community Groups. Commily Community Groups, in turn, control Content. If the Commily Community Leader designates the Network (group) as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks, as well as the Commilybar, which we'll get into more detail below.

Tags
are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.

Commilybar
is the space reserved by us in all Commily Community Groups(groups) to provide services to Users of Networks on the Commily Platform. It offers Commily Platform Services for Users, including User registration, a message center, family friends and contacts (including the ability to import contacts from third party email services), and a listing of the Networks you are using across the Commily Platform.

Commily Platform Services
include, but aren't limited to: single sign-on (via a “Commily ID”) for all Commily Community Groups on the Commily Platform; managing lists of family friends and contacts; messaging between Users; importing of contacts who are not Users of Commily; scheduling activities, navigation; and search.

Ownership of Code and Content

Commily does not claim any ownership rights in the Content or the Code you provide. You, as the User or Commily Community Leader, own the Content you create and upload (“your Content”). After posting your Content, you continue to retain all ownership rights in such Code, and you continue to have the right to use and license your Content in any way you choose.

These Terms of Service includes a number of licenses that are necessary for Commily to make your Network and your Content available through the Commily Platform. For example, without the right to modify Content, Commily would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, Commily could not make the Content available for other Users to view.

Licenses to Content

License from You
Your Content remains yours. We claim no ownership interest in the Content you provide on Networks on the Commily Platform. However, we also want to encourage sharing of Content between Users and Networks across the Commily Platform. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to Commily and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”).

If you upload Content to a Network in which the Content is designated as Private Content, you grant to Commily and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Network (including any RSS feeds and other distribution that is part of such Network) (a “Private Content License”).
Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content.
We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License. (We'll cover this in more detail later.)

Lastly, if a Network is deleted, the Content associated with that Network may also be deleted at the discretion of the Commily Community Leader. We would encourage you to be sure you are comfortable with this possibility before contributing Content to a Network.

License from Commily
Commily grants to you a Creative Commons Attribution License to to the Content made available by Commily for which Commily owns the copyrights. In the event of a conflict between the License and these Terms, these Terms will control. Commily does not grant you any rights to another Content.

License to use the Commily Platform
During the term of these Terms, Commily grants you a limited, revocable license to use the software underlying and enabling the Commily Platform as required for your use of the Commily Community Groups built on top of it, subject to the terms and conditions of these Terms.

Proprietary Rights

Code and Content
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
You agree that all the intellectual property in the Commily Platform, other than the Code and Content you provide, are owned by Commily or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
1. Modify, distribute, or create derivative works based on the Commily Platform.
2. Run, rent, lease, loan, or sell access to the Commily Platform.
3. Decompile, reverse engineer, or copy the Commily Platform or any Network for which the source code is not provided to you or Code that is marked as Private Code; and
4. Reproduce or distribute any Private Content or Private Code outside the applicable Network.

Trademarks
Commily, the Commily Platform and other related graphics, our logo and sub-logos, Commily marks, and trade names used on the Commily Platform are the trademarks of Commily and may not be used without permission. Other trademarks, Commily Platform marks, and trade names that may appear on Commily are the property of their respective owners.

Accounts, Passwords, and Security
You must be a registered User to create groups on the Commily Platform. Groups and their Commily Community Leaders, in turn, determine whether Users need to be registered with Commily to contribute Content in that Network. That is up to the discretion of the Commily Community Leader. As a User, you are responsible for keeping your password secure. Names of Commily Community Groups and Commily IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Commily ID.

Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
Content from other Users or advertisers is made available to you through Commily Community Groups and the Commily Platform. Because Commily does not control such Content, you agree that Commily is not responsible for any such Content, including advertising and information about third party products or services.

Your interactions with other Users on the Commily Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.

You agree that Commily is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), Commily is under no obligation to become involved.

You release Commily, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the Commily Platform.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Premium Services
Commily can offer fee-based premium services on the Commily Platform. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.

Support and Performance
Commily provides documentation to assist Network Creators in creating and enhancing their Network(s). As a Network Creator, you are responsible for implementing and maintaining all support for your Network(s). This includes, if you've customized the Code yourself, fixing bugs your Users might find and tell you about.

To enable a great experience for all Users on the Commily Platform, you, as a Network Creator, must ensure your Network(s) don't unduly degrade the performance of the Commily Platform. If your Network(s) exceed the quotas and limitations set by Commily (e.g., API calls or bandwidth) or otherwise degrade performance of the Commily Platform or other services in any way, we may suspend your Network(s) at our sole discretion.

Acceptable Use and Conduct

At the risk of sounding repetitive, you are solely responsible for your conduct, and Content on the Commily Platform.
As a User of Commily's free service, you agree not to include any advertising for anything other than your Network, including ads served via an ad-server service like Google AdSense, in any Network, Code, or Content you provide on Commily.
You also agree not to post or make available any Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.

You also agree not to post, email, or otherwise make available any Content that:
- Is unlawful, harmful, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
- Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
- Impersonates a Commily employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
- Includes personal or identifying information about another person without that person's explicit consent
- Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
- Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
- Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
- 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
- Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Commily Platform, or that otherwise negatively affects other Users' ability to use the Commily Platform
- Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Commily Platform

Additionally, you agree not to:
- “Stalk” or otherwise harass anyone
- Collect Personal Data about other Users for commercial or unlawful purposes
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Commily Community Groups and the Commily Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
- Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Commily's infrastructure
- Attempt to gain unauthorized access to Commily's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Commily Platform
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Commily Platform or any Network

Privacy and Spam
You agree to comply with all applicable laws with respect to
1. any collection, use, or disclosure of Personal Data (as that term is defined in the Commily Privacy Policy), and
2. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.

You agree to comply with all relevant aspects of the Commily Privacy Policy. You agree not to collect or use Personal Data except as permitted by the Commily Privacy Policy. You agree not to use any Personal Data disclosed to you by Commily for any purpose other than using the Commily Platform or a Network in accordance with these Terms and the Privacy Policy. You agree not to harvest any email addresses from Networks or the Commily Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.

If Commily provides you, as a Commily Community Leader, Personal Data about other Commily users, you agree to (1) comply with applicable law and Commily's rules (including the Privacy Policy and anti-spam policy) with respect to such Personal Data and (2) to indemnify Commily for your use of such Personal Data.

Commily Platform Policies
Commily may establish general polices and limits concerning the use of the Commily Platform (“Commily Platform Policies”), including (and without limitation) the maximum number of days that Commily Community Groups and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Commily Community Leader) and to Users on your behalf by Commily, the maximum number of times and duration for which you may access the Commily Platform or Commily Community Groups in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Commily Community Groups or Content. Commily reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.

Commily will limit the amount of groups and enforce a quota on content for each group or user. These limitations and quota can change without notice at the sole discretion of Commily.

Copyright Infringement by Users
You, as a Commily Community Leader, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by Commily) that specified Content provided by User of a Network that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the Commily DMCA notice page. If you do not promptly remove the Content specified in the notice, Commily may remove the Content without any liability to you or to the User that posted such Content.

Commily maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.

Your Account

Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Commily decides, in its sole discretion, to discontinue the Commily Platform.

Deactivating Your Account
You may deactivate your Commily account at any time, for any reason, by following the instructions on Commily.
Commily has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Commily Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.

Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the Commily Platform will immediately cease to exist. The content associated with your account will be deactivated; For Content you wish to delete from the Commily Platform, you can delete it by going to each of the Community groups to which you've contributed. Commily is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from Commily's active servers, it may remain in archives. Commily has no obligation to refund any fees paid for premium service.

Survival
The provisions under the following headings will survive termination of these Terms for any reason: Licenses from You (under heading “Licenses to Code”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.

Changes to Commily and the Commily Platform
Commily reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Commily Platform or any part thereof with or without notice. Commily is not liable to you or to any third party for any modification, suspension or discontinuance of the Commily Platform.

Disclaimer of Warranties

YOUR USE OF THE COMMILY PLATFORM, AND ALL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE COMMILY PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMILY AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER COMMILY NOR ANY USER MAKES ANY WARRANTY THAT THE COMMILY PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity
You agree to indemnify, defend, and hold harmless Commily, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
1. any Content you submit, post, transmit, or make available through the Commily Platform;
2. your use or misuse of the Commily Platform;
3. your connection to the Commily Platform;
4. your violation of these Terms; or
5. your violation of any rights (including intellectual property rights) of a third party.

Limitation of Liability

YOU AGREE THAT COMMILY SHALL NOT BE LIABLE TO YOU FOR (A) ANY 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 COMMILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE COMMILY PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE COMMILY PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO COMMILY BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

Updates to Terms of Service

These Terms may be updated or changed by Commily from time to time upon Commily's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Commily to terminate your account.
In addition to these Terms, you will comply with all policies applicable to Commily and the Commily Platform, which policies are (i) either posted in the Commily Platform or provided to you and (ii) incorporated by reference into these Terms.

General
The failure of Commily to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. 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 try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your Commily account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.

Any unauthorized use of any Commily computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the Commily Platform are intended third party beneficiaries of your obligations under these Terms.
Commily may assign these Terms to any successor or purchaser of Commily or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, which incorporate the Commily Privacy Policy and the Commily Policies, constitutes the entire agreement between you and Commily and governs your use of the Commily Platform, superseding any prior agreements (whether written or oral) between you and Commily regarding the subject matter hereof.
Contacting Commily
Users with questions about the Commily Privacy Policy and any of the aforementioned statements may contact Commily the following ways:

E-Mail
info@Commily.com

Postal
Commily
PO Box 681142
Schaumburg, IL 60168