Markeroni : User Agreement/Terms and Conditions

14 April 2007

Markeroni welcomes Members aged 13 and over. If you are not yet 13, you may only sign up under a family membership with your parent or legal guardian as the Primary Member, or may join as part of a school class with a school teacher as Primary Member. Markeroni reserves the right to cancel any account which it believes belongs to someone under thirteen years of age.

These are the Terms and Conditions of Markeroni. This document replaces any previous Terms and Conditions. While you are a Member of Markeroni, you are bound by these Terms and Conditions. We may, from time to time, update these terms and, if we do, we will post a notice to this effect prominently on the Markeroni Web Site. We may also send an email notification to all Members, as noted in our Privacy Policy. If you access and use our site, you accept and agree to be bound by our Terms and Conditions. If you do not agree to these terms and conditions, you may not use the site.

Our Terms and Conditions also include the following documents:

• Privacy Policy
• Code of Conduct
• Markeroni Challenge Rules and Release of Liability (if you choose to take part in the Markeroni Challenge, our annual treasure hunt).

By hitting the "Sign Up" button at the bottom of the sign-up form, you are indicating you have read, understood and agree to be legally bound by these terms and conditions.

All these terms and conditions apply equally no matter which of our three projects most interest you: the informal personal journals/visits, the more formal Landmarks Visited database project, or the annual Markeroni Challenge "treasure hunt".

MARKERONI IS ALWAYS CHANGING!

Markeroni also reserves the right to terminate your access to the site at any time for any reason.

BASIC STUFF

There are three types of membership:

1. Individual
2. Family
3. School Group

Members receive access to all facilities such as forums and journals. Either you or Annwn Web Creations LLC can terminate your Membership of Markeroni at any time.

INDIVIDUAL MEMBERSHIP

FAMILY MEMBERSHIP

All members in a family membership must be related to one another.

A Primary Member must be designated. The Primary Member signs up on behalf of the family. In the case of a family with minor children, the Primary Member must be the parent or legal guardian of those children.

The Primary Member is the only person who may sign in and use the site using the family membership. Other members of the family, should they wish to individually participate in forums and the like, must sign up for their own membership (see age restrictions and requirements above).

The Primary Member is responsible for the privacy of the family Markeroni account, the behaviour and privacy of all the members of his or her family, and the correct usage of the account.

The purpose of a family account is not to let several people share one account, logging in at will, but to display the landmark-visiting efforts of a family in one place.

You should list the members of your family in your profile where prompted at sign-up, but need do no more than list names or nicknames, or, if you prefer, "son" or "daughter".

If you list children under 13, or intend to give any information about your children under 13 in the profiles, forum, etc, by signing up you agree that you are a parent or legal guardian who is giving parental permission for your children under 13's names/information to be so listed, under the terms of the COPPA law.

SCHOOL CLASS MEMBERSHIPS

While a teacher may initiate several separate school class accounts, each one should remain distinct - no mixing and matching of classes.

The school teacher is the Primary Member. The Primary Member signs up on behalf of the school class. The Primary Member assumes all legal responsibility for the class and must ensure that, where appropriate, releases and parental permissions are obtained.

The Primary Member is the only person who may sign in and use the site using the school class membership. Individual students may sign up for their individual memberships if they wish to participate in forums and log their own landmarks (see age restrictions and requirements above).

The Primary Member is responsible for the privacy of the school class Markeroni account, the behaviour and privacy of all the members of his or her class, and the correct usage of the account.

The purpose of a school class account is not to let several people share one account, logging in at will, but to display the landmark-visiting efforts of a school class in one place.

You should list the name (or nickname) of the teacher in your profile where prompted, but can list your students generically to protect their privacy, e.g. Mrs. Crawford, Class 7, Malham High School, 16 boys, 19 girls, age 13-14.

If you list children under 13, or intend to give any information about your children under 13 in the profiles, forum, etc, by signing up you agree that you are a school teacher who has obtained parental permission for the students under 13's names/information to be so listed, under the terms of the COPPA law.

EMAIL AND UPDATES

If you are not active as a Member (do not log in for twelve months or longer), or if your email persistently bounces, we may terminate your Membership.

PASSWORDS AND PRIVACY: TOP SECRET!

It is your responsibility to log out after you finish using Markeroni.

Everything you post in Markeroni is considered public and you post information at your own risk. This includes, but is not limited to, postings on the forums, private messages and any other form of communication through Markeroni. These areas are password-protected and only open to Members. However, this is the Internet. Privacy can never be guaranteed. Markeroni takes no responsibility for loss of privacy of information posted online.

We will not share any personal information about a Member with third parties except as required by law.

RULES AND GUIDELINES: KEEPING IT STRAIGHT

If you persistently break the Code of Conduct or act in a disruptive fashion, we may cancel your right to be a Member and/or refuse you access to certain facilities.

Trolls should remain under their bridges.

LANDMARK-HUNTING

Logging landmarks is the act of entering your visits to historic sites, monuments and markers at Markeroni, through the Logging Landmarks (Journals) section of the site.

Validation of these visits is required in one of the following three ways:

1. A photograph that you (or your companion) took yourself
2. Descriptive text sufficient to demonstrate that either you were there or that you researched the location: a simple "I was there" note is insufficient
3. A photograph and some text.

When an unvalidated entry is brought to the attention of Markeroni, we will contact you to ask you to validate it, but if it is not validated as above within 2 weeks of validation we will remove it.

Markeroni (Annwn Web Creations LLC) accepts no liability whatsoever for any damage, injury etc. sustained by you or to your property while out landmark-hunting, or any damage, injury sustained by others or by property while you are out landmark-hunting. This includes, but is not limited to damages from trespassing, damage to property, and damage to persons.

MARKERONI CHALLENGE

If you participate, you agree that there will be an entry fee and that there are specific rules for the Challenge, as laid out in the Markeroni Challenge section of the site.

You agree that all the terms and conditions of Markeroni apply equally while you are undertaking the Challenge, and you agree to be bound by the Challenge's specific rules as part of your user agreement.

MARKERONI GOODIES AND SERVICES

OUR COPYRIGHT

Any unauthorized use of the images may violate certain laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

YOUR COPYRIGHT

When you post anything to the site you do so at your own risk. Markeroni accepts no liability in the event work you post is taken and used, copied, or changed by other people, whether Members or non-members.

In addition, Markeroni is free to use any ideas you submit in any place on the site for any purpose whatsoever without payment to you.

UNSUITABLE MATERIAL: PLEASE DON'T WRITE THE NASTY STUFF

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

You should ensure that any work you post in Markeroni is work to which you have the copyright. Any liability arising from a posting which violates another's copyright is your responsibility and not the responsibility of Markeroni.

Markeroni will fully cooperate with any law enforcement authorities or court order requesting or directing Markeroni to disclose the identity of anyone posting any such information or materials.

LINKS: SURFER BEWARE!

YOUR ACTIONS AND REACTIONS

We reserve the right to delete anything that may be harmful or offensive to Markeroni or others, or that is outright illegal, nasty or against the Code of Conduct if it is brought to our attention. We may suspend the membership of anyone who violates these rules. We may also take legal steps where we feel it is appropriate. We take offensive online behavior such as hacking, stalking, harassment and eavesdropping seriously, to the extent where we may actually involve a law enforcement agency, but we can never guarantee that it will never happen or that we will find out about it in time to do anything more than cancel the offender's rights to be a Member.

LIABILITY AND WARRANTY

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitation regarding the exclusion of implied warranties.

Markeroni also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.

GOVERNING LAW: HOW AND WHERE IT ALL HAPPENS

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Members bringing any legal action against Markeroni agree to do so in the County of Santa Clara or the Northern district of California if under Federal law. Members expressly consent to the jurisdiction of these courts.

In the event of any dispute or action brought against Markeroni by you, both Annwn Web Creations LLC and you agree to follow this procedure:

1. Discuss and attempt to negotiate a resolution of the matter.

2. Submit the dispute to non-binding mediation with the assistance of a qualified mediation selected by Annwn Web Creations LLC, the mediator's fees divided between the disputants.

3. In the event the dispute is not resolved through steps 1. and 2. submit the dispute to final and binding arbitration in Santa Clara County, following the procedures established by the American Arbitration Association.

Each party understands and acknowledges that, by entering into this agreement, they have surrendered and waived their right to submit any dispute between the parties for resolution by court or jury, including the right to appeal to a higher court.