By using DownsCity you agree to the following Terms of Service.

Please read them carefully.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

DownsCity (the "Service"), is owned and operated by Downsnet.com, and is provided to you ("User") under the terms and conditions of this DownsCity Terms of Service (the "DTS") and any operating rules or policies that may be published from time to time by DownsCity. The DTS comprises the entire agreement between User and DownsCity and supersedes all prior agreements between the parties regarding the subject matter contained herein. Please report any violations of the DTS to webmaster@downscity.com.

2. DESCRIPTION OF SERVICE

DownsCity is providing User with a capability to submit, create and access Web Site pages relating to Down Syndrome People, Information, Products or Services via the World Wide Web. DownsCity does not currently charge for the Service, but reserves the right in the future to charge a fee for use of the Service. User must: (1) provide all equipment, including computer and modem, necessary to establish a connection to the World Wide Web and (2) pay any service fees associated with such access. User understands that DownsCity provides no assistance, including any technical or customer support, to the User, and that your use of the Service is at your own risk.

In consideration for use of this Service, User agrees to: (1) provide current, complete, and accurate information about User as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. This information shall be referred to as registration data ("Registration Data"). If any information provided by User is untrue, inaccurate, not current or incomplete, DownsCity has the right to terminate User's account and refuse any and all current or future use of the Service. User agrees that DownsCity may disclose to third parties certain Registration Data and certain information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, except as authorized by User (or any other person User may designate) or in the good faith belief that such action is reasonably necessary to comply with the law or legal process, or as set forth in Paragraph 5 below.

3. MODIFICATIONS TO TERMS OF SERVICE

DownsCity may change the terms and conditions of the DTS from time to time with or without notice to you. Any amendment shall be effective immediately with
or without notice. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the DTS as amended.

4. MODIFICATIONS TO SERVICE

DownsCity reserves the right to modify or discontinue, temporarily or permanently, the Service for any reason, at its sole discretion, with or without notice to User. User agrees that DownsCity shall not be liable to User or any third-party for any modification or discontinuance of the Service.

5. PRIVACY POLICY

User acknowledges and agrees that DownsCity may access its content and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. User acknowledges and agrees that certain technical processing of information is and may be required (a) to send and receive such data; (b) to perform planning and scheduling functions (c) to conform to the technical requirements of connecting networks; (d) to conform to the technical requirements of the Service; or (e) to conform to other, similar technical requirements.

User acknowledges and agrees that DownsCity does not endorse any content created or transmitted via the Service and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

6. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOWNSCITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOWNSCITY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DOWNSCITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. DOWNSCITY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DOWNSCITY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

DOWNSCITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DOWNSCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT DOWNSCITY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. DATA STORAGE

DownsCity assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service. DownsCity may establish an upper limit on the amount of memory, pages, pictures,graphics or events a User may post through the Service.

9. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a DownsCity official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.

User agrees: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.

User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit
"junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

DownsCity may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform with these terms and conditions of the DTS. DownsCity may, but is not in any way obligated to,enforce these DTS against any user.

10. INDEMNIFICATION

User agrees to indemnify and hold DownsCity, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this DTS by User, or the infringement by User of any intellectual property or other right of any person or entity.

11. TERMINATION

User agrees that DownsCity may terminate User's pages/site or use of the Service and, in DownsCity’s discretion, terminate User's use of DownsCity’s other services for any reason, for any reason, at its sole discretion, including, without limitation, if DownsCity believes (a) that User has violated or acted inconsistently with the letter or spirit of the DTS, or (b) that User has violated the rights of DownsCity or other Users or parties. User further agrees that DownsCity may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by DownsCity from time to time which period shall not be less than three months.

User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that DownsCity may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.

12. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, DownsCity may post notices or links to notices through the Service to inform User of changes to the DTS, the Service, or other matters of importance.

13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

User's correspondence with or participation in promotions of advertisers found on the Service, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold DownsCity liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. PROPRIETARY RIGHTS TO CONTENT

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by DownsCity or the Service, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.

16. GENERAL

The DTS and the relationship between User and DownsCity shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. User and DownsCity agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Collin, Texas. The failure of DownsCity to exercise or enforce any right or provision of the DTS shall not constitute a waiver of such right or provision. If any provision of the DTS 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 the DTS remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the DTS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the DTS are for convenience only and have no legal or contractual effect.