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Effective
November 01, 2007:
UnionPals.com
is a social networking service that allows
members to create unique personal profiles
online in order to find and communicate with
old and new friends. The service is operated
by UnionPals.com. By using the UnionPals.com
Website you agree to be bound by these Terms
of Use (this "Agreement"), whether or not
you register as a member ("Member"). If you
wish to become a Member, communicate with
other Members and make use of the
UnionPals.com services (the "Service"),
please read this Agreement and indicate your
acceptance by following the instructions in
the Registration process.
This Agreement
sets out the legally binding terms for your
use of the Website and your Membership in
the Service.
UnionPals.com may modify this Agreement from
time to time and such modification shall be
effective upon posting by UnionPals.com on
the Website. You agree to be bound to any
changes to this Agreement when you use the
Service after any such modification is
posted. This Agreement includes
UnionPals.com's policy for acceptable use
and content posted on the Website, your
rights, obligations and restrictions
regarding your use of the Website and the
Service and UnionPals.com's Privacy Policy.
Please choose
carefully the information you post on
UnionPals.com and that you provide to other
Members. Any photographs posted by you may
not contain nudity, violence, or offensive
subject matter. Information provided by
other UnionPals.com Members (for instance,
in their Profile) may contain inaccurate,
inappropriate or offensive material,
products or services and UnionPals.com
assumes no responsibility nor liability for
this material.
UnionPals.com
reserves the right, in its sole discretion,
to reject, refuse to post or remove any
posting (including email) by you, or to
restrict, suspend, or terminate your access
to all or any part of the Website and/or
Services at any time, for any or no reason,
with or without prior notice, and without
lability.
By
participating in any offline UnionPals.com
event, you agree to release and hold
UnionPals.com harmless from any and all
losses, damages, rights, claims, and actions
of any kind including, without limitation,
personal injuries, death, and property
damage, either directly or indirectly
related to or arising from your
participation in any such offline
UnionPals.com event.
Terms of Use
1) Eligibility.
Membership in
the Service where void is prohibited. By
using the Website and the Service, you
represent and warrant that all registration
information you submit is truthful and
accurate and that you agree to maintain the
accuracy of such information. You further
represent and warrant that you are 18 years
of age or older and that your use of the
UnionPals.com shall not violate any
applicable law or regulation. Your profile
may be deleted without warning, if it is
found that you are misrepresenting your age.
Your Membership is solely for your personal
use, and you shall not authorize others to
use your account, including your profile or
email address. You are solely responsible
for all Content published or displayed
through your account, including any email
messages, and for your interactions with
other members.
2) Term/Fees.
This Agreement
shall remain in full force and effect while
you use the Website, the Service, and/or are
a Member. You may terminate your membership
at any time. UnionPals.com may terminate
your membership for any reason, effective
upon sending notice to you at the email
address you provide in your Membership
application or other email address as you
may subsequently provide to UnionPals.com.
By using the Service and by becoming a
Member, you acknowledge that UnionPals.com
reserves the right to charge for the Service
and has the right to terminate a Member's
Membership. Member should breach this
Agreement or fail to pay for the Service, as
required by this Agreement.
3) Non Commercial Use by Members.
The Website is
for the personal use of Members only and may
not be used in connection with any
commercial endeavors except those that are
specifically endorsed or approved by the
management of UnionPals.com. Illegal and/or
unauthorized use of the Website, including
collecting usernames and/or email addresses
of Members by electronic or other means for
the purpose of sending unsolicited email or
unauthorized framing of or linking to the
Website will be investigated. Commercial
advertisements, affiliate links, and other
forms of solicitation may be removed from
member profiles without notice and may
result in termination of membership
privileges. Appropriate legal action will be
taken by UnionPals.com for any illegal or
unauthorized use of the Website.
4)
Proprietary Rights in Content on
UnionPals.com.
UnionPals.com
owns and retains all proprietary rights in
the Website and the Service. The Website
contains copyrighted material, trademarks,
and other proprietary information of
UnionPals.com and its licensors. Except for
that information which is in the public
domain or for which you have been given
written permission, you may not copy,
modify, publish, transmit, distribute,
perform, display, or sell any such
proprietary information.
5)
Content Posted on the Site.
a. You
understand and agree that UnionPals.com may
review and delete any content, messages,
UnionPals.com Messenger messages, photos or
profiles (collectively, "Content") that in
the sole judgment of UnionPals.com violate
this Agreement or which may be offensive,
illegal or violate the rights, harm, or
threaten the safety of any Member.
b. You are
solely responsible for the Content that you
publish or display (hereinafter, "post") on
the Service or any material or information
that you transmit to other Members.
c. By
posting any Content to the public areas of
the Website, you hereby grant to
UnionPals.com the non-exclusive, fully paid,
worldwide license to use, publicly perform
and display such Content on the Website.
This license will terminate at the time you
remove such Content from the Website.
d. The
following is a partial list of the kind of
Content that is illegal or prohibited on the
Website. UnionPals.com 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. Prohibited Content includes
Content that:
i. is patently
offensive and promotes racism, bigotry,
hatred or physical harm of any kind against
any group or individual;
ii. harasses or advocates harassment of
another person;
iii. involves the transmission of "junk
mail", "chain letters," or unsolicited mass
mailing or "spamming";
iv. promotes information that you know is
false or misleading or promotes illegal
activities or conduct that is abusive,
threatening, obscene, defamatory or
libelous;
v. promotes 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
music or links to pirated music files;
vi. contains restricted or password only
access pages or hidden pages or images
(those not linked to or from another
accessible page);
vii. provides
material that exploits people under the age
of 18 in a sexual or violent manner, or
solicits personal information from anyone
under 18;
viii. provides instructional information
about illegal activities such as making or
buying illegal weapons, violating someone's
privacy, or providing or creating computer
viruses;
ix. solicits passwords or personal
identifying information for commercial or
unlawful purposes from other users;
or x. involves commercial activities and/or
sales without our prior written consent such
as contests, sweepstakes, barter,
advertising, or pyramid schemes.
e. You must
use the Service in a manner consistent with
any and all applicable laws and regulations.
f. You may not engage in advertising to, or
solicitation of, any Member to buy or sell
any products or services through the
Service. You may not transmit any chain
letters or junk email to other Members.
Although UnionPals.com cannot monitor the
conduct of its Members 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 Member without
their prior explicit consent. In order to
protect our Members from such advertising or
solicitation, UnionPals.com reserves the
right to restrict the number of emails which
a Member may send to other Members in any
24-hour period to a number which
UnionPals.com deems appropriate in its sole
discretion.
g. You may not
cover or obscure the banner advertisements
on your personal profile page, or any
UnionPals.com page via HTML/CSS or any other
means.
h. Any
automated use of the system, such as using
scripts to add friends, is prohibited.
i. You may
not attempt to impersonate another user or
person who is not a member of UnionPals.com.
j. You may
not use the account, username, or password
of another Member at any time nor may you
disclose your password to any third party or
permit any third party to access your
account.
k. You may not
sell or otherwise transfer your profile.
6)
Copyright Policy.
You may not
post, distribute, or reproduce in any way
any copyrighted material, trademarks, or
other proprietary information without
obtaining the prior written consent of the
owner of such proprietary rights. It is the
policy of UnionPals.com to terminate
membership privileges of any member who
repeatedly infringes copyright upon prompt
notification to UnionPals.com by the
copyright owner or the copyright owner's
legal agent. Without limiting the foregoing,
if you believe that your work has been
copied and posted on the Service in a way
that constitutes copyright infringement,
please provide our Copyright Agent with the
following information: an electronic or
physical signature of the person authorized
to act on behalf of the owner of the
copyright interest; a description of the
copyrighted work that you claim has been
infringed; a description of where the
material that you claim is infringing is
located on the Website; your address,
telephone number, and email address; a
written statement by you that you have a
good faith belief that the disputed use is
not authorized by the copyright owner, its
agent, or the law; a statement by you, made
under penalty of perjury, that the above
information in your notice is accurate and
that you are the copyright owner or
authorized to act on the copyright owner's
behalf. UnionPals.com's Copyright Agent for
notice of claims of copyright infringement
can be reached via email address.
7) Member Disputes.
You are solely
responsible for your interactions with other
UnionPals.com Members. UnionPals.com
reserves the right, but has no obligation,
to monitor disputes between you and other
Members.
8) Disclaimers.
UnionPals.com
is not responsible for any incorrect or
inaccurate Content posted on the Website or
in connection with the Service provided,
whether caused by users of the Website,
Members or by any of the equipment or
programming associated with or utilized in
the Service. UnionPals.com is not
responsible for the conduct, whether online
or offline, of any user of the Website or
Member of the Service. UnionPals.com 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,
any user or Member communication.
UnionPals.com 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 any email or
players due to technical problems or traffic
congestion on the Internet or at any Website
or combination thereof, including any injury
or damage to users and/or Members or to any
person's computer related to or resulting
from participation or downloading materials
in connection with the Website and/or in
connection with the Service. Under no
circumstances shall UnionPals.com be
responsible for any loss or damage,
including personal injury or death,
resulting from use of the Website or the
Service or from any Content posted on the
Website or transmitted to Members, or any
interactions between users of the Website,
whether online or offline. The Website and
the Service are provided "AS-IS" and
UnionPals.com expressly disclaims any
warranty of fitness for a particular purpose
or non-infringement. UnionPals.com cannot
guarantee and does not promise any specific
results from use of the Website and/or the
Service.
9) Limitation on Liability.
IN NO EVENT
SHALL UnionPals.com BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE WEB SITE OR THE
SERVICE, EVEN IF UnionPals.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, UnionPals.com.S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF
ANY, BY YOU TO UnionPals.com FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP.
10) Disputes.
If there is any
dispute about or involving the Website
and/or the Service, by using the Website,
you agree that any dispute shall be governed
by the laws of the area in which we are
based without regard to conflict of law
provisions and you agree to personal
jurisdiction by and venue in the area in
which we are based.
11) Indemnity.
You agree to
indemnify and hold UnionPals.com, its
subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless
from any loss, liability, claim, or demand,
including reasonable attorneys' 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.
12)
Other.
This Agreement
is accepted upon your use of the Website and
is further affirmed by you becoming a Member
of the Service. This Agreement constitutes
the entire agreement between you and
UnionPals.com regarding the use of the
Website and/or the Service. The failure of
UnionPals.com to exercise or enforce any
right or provision of this Agreement shall
not operate as a waiver of such right or
provision. The section titles in this
Agreement are for convenience only and have
no legal or contractual effect. Please
contact us with any questions regarding this
Agreement. UnionPals.com is a trademark of
<owners business name>.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.
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