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Last Updated: December 16, 2012
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
Note: In this document “The Website” refers to “ispace1.com”.
1.1. PURPOSE AND OBJECTIVE.
The objective of “The Website” is to connect people and organizations all over the world to enable them achieve their networking goals. To achieve this objective, we make services available through our website and mobile applications to assist you, your connections, and other users, make connections, share opinions and ideas, learn about each other, make deals, find opportunities, work, and make decisions in a trusted environment.
1.2. SCOPE AND INTENT.
2. YOUR OBLIGATIONS.
2.1. APPLICABLE LAWS AND THIS AGREEMENT
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections.
2.2. LICENSE AND WARRANTY FOR YOUR SUBMISSIONS TO “THE WEBSITE”.
You own the information you provide “The Website” under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant “The Website” a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to “The Website”, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to “The Website”, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your “The Website” profile information accurate and updated.
2.3. SERVICE ELIGIBILITY.
In order to be eligible to use the Service, you must fully meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from the Services, or not otherwise prohibited from having a “The Website” account, (c) are not a competitor of “The Website” or are not using the Services for reasons that are in competition with “The Website”; (d) will only maintain one “The Website” account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any rights of “The Website”, including intellectual property rights such as copyright or trademark rights; and (g) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
2.4. SIGN-IN CREDENTIALS.
You agree to: (a) keep your password secure and confidential; (b) not permit others to use your account; (c) refrain from using other Users’ accounts; (d) refrain from selling, trading, or otherwise transferring your “The Website” account to another party; and (e) stay away from charging anyone for access to any portion of “The Website”, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. You are also responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify “The Website” of any unauthorized use of your username or password or any other breach of security, and ensure that you exit from your account at the end of each session. “The Website” will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
You indemnify us and hold us harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to the Services, and (c) any activity in which you engage on or through “The Website”.
2.6. NOTIFY US OF ACTS CONTRARY TO THE AGREEMENT.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.7. NOTIFICATIONS AND SERVICE MESSAGES.
For purposes of service messages and notices about the Services to you, “The Website” may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from “The Website” to an email address associated with your account, even if we have other contact information. You also agree that “The Website” may communicate with you through your “The Website” account or through other means including email, mobile number, telephone, or delivery services including the postal service about your “The Website” account or services associated with “The Website”. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so, maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.8. “THE WEBSITE” APPLICATIONS.
“The Website” may offer the Services through applications built using “The Website’s” platform. If you use “The Website” Application or interact with the website, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing “The Website” plugins that load in your browser may be communicated to us. Moreover, by importing any of “The Website” data through the “The Website” Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your “The Website” account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing “The Website” through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services are for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.9. YOUR PRIVACY.
2.10. IDEAS, SUGGESTIONS, OFFERS, DOCUMENTS, PROPOSALS SUBMITTED TO “THE WEBSITE”
By submitting ideas, suggestions, offers, documents, and/or proposals to “The Website” through its contact us or feedback pages, you acknowledge and agree that: (a) your Proposals do not contain confidential or proprietary information; (b) “The Website” is not under any obligation of confidentiality, express or implied, with respect to the Proposals; (c) “The Website” shall be entitled to use or disclose (or choose not to use or disclose) such Proposals for any purpose, in any way, in any media worldwide; (d) “The Website” may have something similar to the Proposals already under consideration or in development; (e) you irrevocably assign to “The Website” all rights to your Proposals; and (f) you are not entitled to any compensation or reimbursement of any kind from “The Website” under any circumstances.
3. OUR RIGHTS.
3.1. SERVICES ACCESSIBILITY.
For as long as “The Website” continues to offer the Services, “The Website” shall provide and seek to update, improve and expand the Services. As a result, we allow you to access “The Website” as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue “The Website”, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. “The Website” further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by “The Website” to be contrary to this Agreement. For avoidance of doubt, “The Website” has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
3.2. DISCLOSURE OF USER INFORMATION.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; enforce this Agreement; respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; respond to customer service inquiries; or protect the rights, property, or personal safety of “The Website”, our Users or the public.
3.3. BLOCKING OF IP ADDRESSES.
In order to protect the integrity of the Service, “The Website” reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
3.4. MODIFICATIONS TO SERVICE.
“The Website” reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that “The Website” shall not be liable to you or to any third party for any modification, enhancement, discontinuance, or suspension of the Service.
3.5. INDEMNITY BY YOU.
You agree to indemnify and hold “The Website”, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
3.6. NO THIRD PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
4. YOUR RIGHTS AND OBLIGATIONS.
4.1. ACCESS TO SERVICE.
On the pre-condition that you adhere to all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nontransferable, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of “The Website”), view information and use the Services that we provide on “The Website” web pages and in accordance with this Agreement. Any other use of “The Website” contrary to our objective and purpose is strictly prohibited and is a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in “The Website” and all related items, including any and all copies made of the “The Website” website.
4.2. CONNECTIONS AND INTERACTIONS WITH OTHER USERS.
You are solely responsible for your interactions with other Users. “The Website” may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. “The Website” reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if “The Website” determines, in our sole discretion, that doing so is necessary to enforce this Agreement. You are solely responsible for your interactions with other “The Website” Members. “The Website” reserves the right, but has no obligation, to monitor disputes between you and other Members.
This Agreement will remain in full force and effect while you use “The Website” and/or are a Member.
5.1. YOUR RIGHTS OF TERMINATION.
You have full rights to terminate this Agreement and your account, for any or no reason, at any given time, with notice to “The Website” by going to the Account Settings page in your account and closing your account permanently. This notice will be effective from the time “The Website” processes your notice. If you cancel or close your account, to help “The Website” analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. You may bypass this brief resignation survey page and continue the cancellation/closure process by clicking the “Continue Cancellation” or other similar button on the page and confirming your decision to close your account permanently.
5.2. “THE WEBSITE” RIGHTS OF TERMINATION.
“The Website” has full rights to terminate this Agreement and your account, for any reason or no reason, at any given time, with or without notice. This cancellation/closure shall be effective immediately or as may be specified in the notice. For the purpose of clarity, only “The Website” or the party paying for the services may terminate your access to any premium services. Termination of your “The Website” account includes disabling your access to “The Website” and may also include banning or blocking you from any future use of “The Website”. If “The Website” terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused Premium Service fees. All decisions regarding the termination of accounts shall be made at the sole discretion of “The Website”. “The Website” is not required to provide you notice prior to termination of your membership and/or subscription. “The Website” is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your account is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5.3. MISUSE OR ABUSE OF THE SERVICES.
“The Website” may restrict, hold, suspend, ban, block, or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes sending invitations to other Users to connect when they have specifically asked you not to; abusing the “The Website” messaging services by sending spam and unsolicited messages; creating multiple profiles, creating false identity profiles; using the Services commercially without “The Website’s” authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed later in this document, or any other act or behavior that “The Website”, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, “The Website” has implemented a policy of terminating accounts of Users who, in “The Website’s” exclusive discretion, are believed to be repeat violators under the United States Copyright Act.
5.4. CONSEQUENCES OF TERMINATION.
Upon the termination of your “The Website” account, you will lose complete access to the Services. The terms of this Agreement shall endure any termination, except “Your Rights” and “Our Rights and Obligations” hereof.
6. DISPUTE RESOLUTION
6.1. LAW AND JURISDICTION FOR LEGAL DISPUTES
This Agreement or any claim, cause of action or dispute (“claim”) coming out of or associated with this Agreement shall be governed by the laws of the state and country in which “The Website” has its corporate offices at the time of dispute regardless of your country of origin or where you access “The Website”, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and “The Website” agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court, except as otherwise agreed by the parties or as explained in the Arbitration Option text underneath. You and “The Website” agree to submit to the personal jurisdiction of the courts located within the state and country in which “The Website” has its corporate offices at the time of dispute for the purpose of litigating all such claims. Notwithstanding the above, you agree that “The Website” shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
6.2. ARBITRATION OPTION.
For any claim where the total amount of the award sought is less than $10,000 (or its equivalent in any other foreign currency), the party requesting relief may choose to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by both parties.
The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Arbitration Agreement: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against “The Website” in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against “The Website” any class action, class arbitration, or other representative action or proceeding.
Notice of Rights: By using “The Website” or the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and “The Website” (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
7. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be altered so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
7.3. ENTIRE AGREEMENT.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other “The Website” services, third-party content or third party software.
7.4. AMENDMENTS TO THIS AGREEMENT.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at our website or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time as per our termination clause. This Agreement contains the entire agreement between you and “The Website” regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
7.5. NO INFORMAL WAIVERS, AGREEMENTS, OR REPRESENTATIONS.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any “The Website” Affiliate shall be deemed legally binding on any “The Website” Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of “The Website”.
7.6. NO INJUNCTIVE RELIEF.
In no event, or under no condition, shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than “The Website” that owns a majority interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
7.8. ASSIGNMENT, TRANSFER, AND DELEGATION.
You may not assign, transfer, or delegate any rights or obligations under the Agreement. Any purported assignment, transfer, and delegation shall be deemed ineffective. We are free to assign or delegate all rights and obligations under the Agreement, fully or partially, with or without notice to you. We may also substitute, effective upon notice to you, “The Website” for any third party that assumes our rights and obligations under this Agreement.
7.9. POTENTIAL OTHER RIGHTS AND OBLIGATIONS.
It is possible that you may have rights or obligations under local law, other than those specified here, if you are located outside the United States.
We primarily designed “The Website” to assist our members in attaining their online networking goals by connecting and sharing with others. In order to attain this objective, we encourage our Users to share correct, honest, truthful, and accurate information. We have great respect for the intellectual property rights of other entities. Accordingly, this Agreement necessitates that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.
8.1. CONTENT ON “THE WEBSITE”.
Proprietary Rights: “The Website” owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of “The Website”, and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Suggestions, Offers, Etc: Opinions, advice, statements, suggestions, offers, or other information or content made available through the Service, but not directly by “The Website”, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. “The Website” does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will “The Website” or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
8.2. CONTENT POSTED BY YOU ON “THE WEBSITE”.
You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You understand and agree that “The Website” may review and delete any postings, messages, emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of “The Website” violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of “The Website”, you automatically grant, and you represent and warrant that you have the right to grant, to “The Website”, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by “The Website” will not infringe or violate the rights of any third party.
9. FREE AND PAID ACCOUNTS.
9.1. FREE ACCOUNTS. You may become a User of the Service at no cost. As a User, you will have the ability to do most of the activities, but not all of the features and services will be available within the Service. In order to access additional features and services, you must become a paid User to the Service. Please see Upgrade page within our site for a description of the current paid plans and their prices.
9.2. PAYMENT FOR PREMIUM SERVICES.
Billing and Payment: “The Website” bills you through an online account for use of the Service. You agree to pay “The Website” all charges at the prices you agreed to for any use of the Premium Service by you or other persons (including your agents) using your Billing Account, and you authorize “The Website” to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. “The Website” may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
Automatic Renewal: If you have opted for automatic renewals, your Premium Service will continue indefinitely until cancelled by you. After your initial Premium Service commitment period, and again after any subsequent Premium Service period, your Premium Service will automatically continue for an additional equivalent period, at the price you agreed to when upgrading to Premium Service. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the upgrade page. If you cancel your Premium Service, you may use your Premium Service until the end of your then-current Premium Service term; your Premium Service will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Premium Service fee paid for the then-current Premium Service period. By upgrading, you authorize “The Website” to charge your Payment Method now and again at the beginning of any subsequent Premium Service period. You also authorize “The Website” to charge you for any sales or similar taxes that may be imposed on your Premium Service payments. Upon the renewal of your Premium Service, if “The Website” does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that “The Website” may either terminate or suspend your Premium Service and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Premium Service commitment period will begin as of the day payment was received).
Current Information: You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify “The Website” if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide “The Website” any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization: Your non-termination or continued use of the Service reaffirms that “The Website” is authorized to charge your Payment Method. “The Website” may submit those charges for payment and you will be responsible for such charges. This does not waive “The Website’s” right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Free Trials and Other Promotions: Any free trial or other promotion that provides Premium Service level access to the Service must be used within the specified time of the trial. You must cancel your Premium Service before the end of the trial period in order to avoid being charged a Premium Service fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact customer service to have the charges reversed.
10. “THE WEBSITE” USER “DOS”
As a pre-condition to access “The Website”, you explicitly agree to this User Agreement and to strictly observe the following DOs:
A. Comply with all applicable laws, including, without limitation, privacy laws, copyright laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
B. Always post accurate information on “The Website” and update it as and when deemed necessary;
C. Use the Services in a responsible manner.
D. Review and comply with notices sent by “The Website” concerning the Services; and
11. “THE WEBSITE” USER “DON’TS”
“The Website” reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. “The Website” reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to the following. As a pre-condition to access “The Website”, you explicitly agree to this User Agreement and to strictly observe the following DON’TS:
A. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
B. You will not provide inaccurate, misleading or false information to the “The Website” or to any other Member. If information provided to “The Website”, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly make the necessary changes and notify “The Website” of such changes.
C. You may not engage in advertising to, or solicitation of, other Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Users. Although “The Website” cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Users without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which Users may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
D. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
E. Act irresponsibly, dishonestly, or unprofessionally by involving in indecent or unprofessional behavior by posting inappropriate, inaccurate, or otherwise objectionable material on “The Website”;
F. Create a user profile for anyone other than a natural person or a valid organization for which you are not an authorized personnel;
G. Harass, bully, abuse or by any means harm another person or entity by any means, including sending unsolicited communications to others using “The Website”;
H. Send invitations to people or organizations who have requested you not to receive communication from you to join your network;
I. Upload a profile image that is not your head-shot photo for personal accounts and a legitimate image for business accounts;
J. Use or try to use another's account without authorization, or create a false identity on “The Website”;
K. Upload, post, publish, email, message, or transmit any content that falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous associations or affiliations with a person or entity, past or present;
L. Upload, post, publish, email, message, or transmit any content that is unlawful, libelous, abusive, obscene, vulgar, defamatory, discriminatory or otherwise objectionable;
M. Upload, post, publish, email, message, or transmit any inaccurate or false information to a field that is not intended for such purposes (for instance posting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by “The Website”). Please safeguard sensitive or critical personal information such as your email address, phone number, street address, or other identifiable information that is classified or confidential in nature;
N. Upload, post, publish, email, message, or transmit any content that includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, company’s secrets, or any other proprietary and confidential information learned or disclosed as part of any contractual relationships or under any other nondisclosure agreements);
O. Upload, post, publish, email, message, or transmit any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
P. Upload, post, publish, email, message, or transmit any content that includes any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other such form of solicitation. This prohibition includes but is not limited to using “The Website” invitations to send unsolicited messages, or using “The Website” to connect to entities and then sending unsolicited messages without their permission
Q. Upload, post, publish, email, message, or transmit any content that contains software viruses, worms, or any other computer code, files or programs that interrupt, control, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of “The Website” or any User of “The Website”;
R. Upload, post, publish, email, message, or transmit any content that forges headers or otherwise manipulate identifiers in order to mask the origin of any communication transmitted through the Services; and/or
S. Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files.
T. Provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18.
U. Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
V. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
W. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
X. Promote information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
Y. Engage, directly or indirectly, in the formation or development of a network that implements practices that are similar to sales by network or the hiring of independent salespeople for the purposes of creating a pyramid scheme or other similar practices.
Z. Duplicate, license, sublicense, publish, post, broadcast, transmit, distribute, perform, display, sell, resell, rebrand, or otherwise transfer information found on “The Website” (excluding content posted by you) unless expressly authorized by “The Website”;
AA Reverse engineer, decompile, disassemble, decipher, decode or by any other means attempt to extract the source code for any underlying intellectual property used to provide the Services, or any part thereof;
BB. Use or copy information, design, content, data, or any other piece you view on and/or obtain from “The Website” to provide any service that is competitive in nature, in “The Website’s” sole discretion, with “The Website”;
CC. Imply or state, implicitly or explicitly, directly or indirectly, that you are affiliated with or endorsed by “The Website” unless you have entered into a written agreement with “The Website”, including but not limited to, portraying yourself as an authorized “The Website” associate if you have not been permitted by “The Website” in writing;
DD. Adapt, alter, modify or create plagiaristic works based on “The Website” or technology underlying the Services, or other Users’ content, in whole or part, except as permitted by “The Website” in writing;
EE. Rent, lease, loan, trade, distribute, sell/re-sell access to “The Website” or any information therein, or the equivalent, in whole or part;
FF. Sell, sponsor, or otherwise monetize any service or functionality of “The Website”, without the express written permission of “The Website”.
GG. Deep-link to the “The Website” Site, other than the “The Website’s” homepage for any purpose, unless expressly authorized in writing by “The Website” or for the purpose of promoting your profile or postings on “The Website”;
HH. Alter, remove, cover, hide, camouflage or otherwise obscure any copyright, trademark or other proprietary rights notices contained in or on “The Website”, including those of both “The Website” and any of its licensors;
II. Alter, remove, cover, hide, camouflage, or otherwise obscure any form of advertisement or promotions included on “The Website”;
JJ. Collect, use, copy, transmit, or transfer any information, including, but not limited to, personally identifiable information obtained from “The Website” except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
KK. Post or share information of non-Users without their express consent;
LL. Infringe or utilize “The Website’s” brand, logos and/or trademarks, including, without limitation, using the word “The Website” in any business name, email, or URL or including “The Website’s” name, logo or trademarks unless explicitly permitted by “The Website”;
MM. Use manual or automated software, devices, scripts, robots, site search/retrieval application, or other manual or automatic device or process to retrieve, index, access, scrape, crawl or spider “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
NN. Use bots or other automated methods to access “The Website”, add or download contacts, send or redirect messages, or perform other activities through “The Website”, unless explicitly permitted by “The Website”;
OO. Access, via automated or manual means or processes, “The Website” for purposes of monitoring “The Website’s” availability, performance or functionality for any purpose that is competitive in nature;
PP. Involve in framing, mirroring, or by any other means simulating the appearance or function of “The Website’s” website;
QQ. Attempt to or actually access “The Website” by any means other than through the interfaces provided by “The Website” or by navigating using a web browser. This exclusion includes accessing or attempting to access “The Website” using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including “The Website”;
RR. Attempt to or actually override any security component included in or underlying “The Website”;
SS. Involve in any act that directly or indirectly obstructs with the proper functioning of or places an unreasonable load on “The Website’s” infrastructure, including, but not limited to, sending unsolicited communications to other Users or “The Website” personnel, attempting to gain unauthorized access to “The Website”, or transmitting or activating computer viruses through or on “The Website”;
TT. Interfere with or interrupt or trick “The Website” or the Services, including, but not limited to, any servers or networks connected to “The Website”.
UU. You also shall not use meta tags or code or other devices containing any reference to “The Website” or the Service or the site in order to direct any person to any other web site for any purpose.
VV. You will not express or imply that any statements you make are endorsed by “The Website” without our specific prior written consent.
Note that some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of parts of this section may not apply to you.
Do not rely on “The Website”, any information therein, or its continuation. We provide the platform for “The Website” and all information and services on an “as is” and “as available” basis. “The Website” does not control, screen, or vet user generated content for accuracy. We do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy or data, and non-infringement. If you are dissatisfied or harmed by “The Website” or anything related to “The Website”, you may close your “The Website” account and terminate this agreement in accordance with our termination clause and such termination shall be your sole and exclusive remedy.
“The Website” is not responsible, and makes no representation or warranties for the delivery of any internal messages sent through “The Website” to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. In addition to other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
“The Website” is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in the Service. “The Website” is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
“The Website” does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the site. Therefore, “The Website” disclaims all liability for identity theft or any other misuse of your identity or information.
Under no circumstances will “The Website” or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “as-is” and “The Website” expressly disclaims any warranty of fitness for a particular purpose or non-infringement. “The Website” cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
“The Website” assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. “The Website” does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. “The Website” disclaims all liability for damages caused by any such interruptions or errors in functioning. Furthermore, “The Website” disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the “The Website” site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason. “The Website” is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
You are solely responsible for your interactions with other members. You understand that “The Website” currently does not conduct background check on its members. “The Website” makes no representations or warranties as to the conduct of its users. “The Website” reserves the right to conduct any background check or other screenings, such as sex offenders, at any time and using available public records. In no event shall “The Website” be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or accidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from connecting or communicating with other users of the Service, online or offline. You agree to take reasonable precautions in all interactions with our Users of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because “The Website” has no control over such sites and resources, you acknowledge and agree that “The Website” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that “The Website” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Please note that ideas you post and information you share may be seen and used by other Users, and “The Website” cannot guarantee that other Users will not use the ideas and information that you share on “The Website”. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to “The Website”. “The Website” is not responsible for a User’s misuse or misappropriation of any content or information you post in “The Website” Postings.
13. LIMITATION OF LIABILITY.
Important Note: There are some countries who do not allow the limitation or exclusion of liability in contracts with consumers and therefore the contents of this section may not apply to you if you are located on one of those countries.
Notwithstanding anything to the contrary contained herein, neither “The Website” nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors shall be collectively liable under any condition or event for (a) any damages over the fees that you paid for a premium service, if any, or US $100 (or its equivalent in any other foreign currency), whichever amount is greater, or (b) any exemplary, special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from “The Website”, even if “The Website” has been advised of the possibility of such damages. “The Website’s” liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to “The Website” for the Service during the term of membership.
This limitation of liability shall apply regardless of whether you base your claim on contract, ruling, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided in this section fail of their essential purpose.
This limitation of liability shall not apply to any damage that “The Website” may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from this Agreement.
14. CUSTOMER SERVICE.
“The Website” provides assistance and guidance through its customer care representatives via email and telephone. When communicating with our customer care representatives, via email and telephone, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Email correspondence and telephone calls between you and our customer care representatives may be saved and/or recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and any premium service and you will not be entitled to any refund of unused subscription fees.
This Agreement is an electronic contract that sets out the legally binding terms of your use of “The Website” and your membership in the Service. By accessing “The Website” or becoming a User, you consent to have this Agreement provided to you in electronic form.
Please contact us via email with any questions regarding this agreement.
BY OPENING AN ACCOUNT AND BECOMING A MEMBER YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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