
Read
These Terms of Use Agreement Before Accessing Website.
Effective
Date: This Terms of Use Agreement was last updated on 04/01/2008.
This Terms
of Use Agreement sets forth the standards of use of the True Definitions,
LLC Online Service for Registered Members. By using the True Definitions.com
website you (the “Member”) agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement, you
should immediately cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall become effective
immediately upon being posted at True Definitions.com website. Your
continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1.
Description of Service
True Definitions,
LLC is providing Member with a social networking service. Member must
provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access
to the Internet, and (3) pay any fees relate with such connection.
2.
Disclaimer of Warranties
The site
is provided by True Definitions, LLC on an “as is” and on
an “as available” basis. To the fullest extent permitted
by applicable law, True Definitions, LLC makes no representations or
warranties of any kind, express or implied, regarding the use or the
results of this web site in terms of its correctness, accuracy, reliability,
or otherwise. True Definitions, LLC shall have no liability for any
interruptions in the use of this Website. True Definitions, LLC disclaims
all warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular purpose,
and non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties; therefore the above-referenced exclusion is inapplicable.
3.
Eligibility
Use of
and Membership in the True Definitions Services is void where prohibited.
By using the True Definitions Service, you represent and warrant that
all registration information you submit is truthful and accurate; you
will maintain the accuracy of such information; you are 13 years of
age or older; and your use of the True Definitions Services does not
violate any applicable law or regulation. Your profile may be deleted
and your Membership may be terminated without warning, if we believe
that you are less than 13 years of age.
4.
Terms
This Agreement
shall remain in full force and effect while you use the True Definitions
Services or are a Member. You may terminate your Membership at any time,
for any reason, by following the instructions on the Member's Account
Settings page. True Definitions.com may terminate your Membership at
any time, without warning.
5.
Content/Activity Prohibited
The following
is a partial list of the kind of Content that is illegal or prohibited
to post on or through the True Definitions Services. True Definitions.com
reserves the right to investigate and take appropriate legal action
against anyone who, in True Definitions.com's sole discretion, violates
this provision, including without limitation, removing the offending
communication from the True Definitions Services and terminating the
Membership of such violators. Prohibited Content includes, but is not
limited to content that, in the sole discretion of True Definitions.com:
- harasses
or advocates harassment of another person;
- exploits
people in a sexual or violent manner;
- contains
nudity, violence, or offensive subject matter or contains a
link to an adult website;
- 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
-
solicits personal information from anyone under 18;
- provides
any telephone numbers, street addresses, last names, URLs or
email addresses;
- promotes
information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- is
patently offensive and promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
- involves
the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
- contains
restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
- furthers
or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits
passwords or personal identifying information for commercial
or unlawful purposes from other Users;
- involves
commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes;
- includes
a photograph of another person that you have posted without
that person's consent; or
The
following is a partial list of the kind of activity that is
illegal or prohibited on the True Definitions Website and
through your use of the True Definitions Services. True Definitions.com
reserves the right to investigate and take appropriate legal
action against anyone who, in True Definitions.com's sole
discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
- advertising
to, or solicitation of, any Member to buy or sell any products
or services through the True Definitions Services. You may not
transmit any chain letters or junk email to other Members. It
is also a violation of these rules to use any information obtained
from the True Definitions Services 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, True Definitions.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 True Definitions.com
deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the
True Definitions Services, you acknowledge that you will have
caused substantial harm to True Definitions.com, but that the
amount of such harm would be extremely difficult to ascertain.
As a reasonable estimation of such harm, you agree to pay True
Definitions.com $75 for each such unsolicited email or other
unsolicited communication you send through the True Definitions
services;
- criminal
or tortuous activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking,
spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade
secrets;
- covering
or obscuring the banner advertisements on any True Definitions.com
page via HTML/CSS or any other means;
- any
automated use of the system, such as sending comments or messages;
- interfering
with, disrupting, or creating an undue burden on the True Definitions
Services or the networks or services connected to the True Definitions
Services;
- attempting
to impersonate another Member or person;
- using
the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting
any third party to access your account;
- selling
or otherwise transferring your profile;
- using
any information obtained from the True Definitions Services
in order to harass, abuse, or harm another person;
- displaying
an advertisement on your profile, or accepting payment or anything
of value from a third person in exchange for your performing
any commercial activity on or through the True Definitions Services
on behalf of that person, such as placing commercial content
on your profile, posting blogs with a commercial purpose, or
sending private messages with a commercial purpose; or
- using
the True Definitions Services in a manner inconsistent with
any and all applicable laws and regulations.
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6. Limitation of Liability
TRUE DEFINITIONS,
LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
TRUE DEFINITIONS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS
OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE
OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN
IF TRUE DEFINITIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
7.
Indemnification
Member
agrees to indemnify and hold True Definitions, LLC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by Member, or other user
of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
8.
Members Account
All Members
of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their
account whether authorized or not authorized. You agree not to use the
account, username, or password of another Member at any time or to disclose
your password to any third party. Member agrees to notify True Definitions,
LLC of any unauthorized use of Member’s account or any other breach
of security known or should be known to the Member. Member’s right
to use the Service is personal to the Member. Member agrees not to resell
or make any commercial use of the Service without the express written
consent of True Definitions, LLC.
9.
Modifications and Interruption to Service
True Definitions,
LLC reserves the right to modify or discontinue the Service with or
without notice to the Member. True Definitions, LLC shall not be liable
to Member or any third party should True Definitions, LLC exercise its
right to modify or discontinue the Service. Member acknowledges and
accepts that True Definitions, LLC does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be
interfered with or adversely affected by numerous factors or circumstances
outside of our control.
10.
Third-Party Sites
Our website
may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the content
located on or through, any third-party site. You should contact the
site administrator or webmaster for those third-party sites if you have
any concerns regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of third-parties’
sites.
11.
Disclaimer Regarding Accuracy of Vendor Information
Product
specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While True Definitions,
LLC makes every effort to ensure that the information on this website
is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
True Definitions,
LLC makes no warranties or representations whatsoever with regard to
any product provided or offered by any Vendor, and you acknowledge that
any reliance on representations and warranties provided by any Vendor
shall be at your own risk.
12.
Governing Jurisdiction of the Courts Virginia
Our website
is operated and provided in the State of Virginia. As such, we are subject
to the laws of the State Virginia, and such laws will govern this Terms
of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal
or available for use in other locations. Accordingly, if you choose
to access our site you agree to do so subject to the internal laws of
the State Virginia.
13.
Compliance with Laws.
Member
assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit 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.
14.
Copyright and Trademark Information
All content
included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2005
True Definitions.com, will all rights reserved, or is the property of
True Definitions, LLC and/or third parties protected by intellectual
property rights. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission
of an authorized officer of True Definitions, LLC is strictly prohibited.
Members agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized
officer of True Definitions, LLC.
All other trademarks displayed on True Definitions, LLC’s website
are the trademarks of their respective owners, and constitute neither
an endorsement nor a recommendation of those Vendors. In addition, such
use of trademarks or links to the web sites of Vendors is not intended
to imply, directly or indirectly, that those Vendors endorse or have
any affiliation with True Definitions, LLC.
15.
Notification of Claimed Copyright Infringement
Pursuant
to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, True Definitions, LLC.com designates
the following individual as its agent for receipt of notifications of
claimed copyright infringement.
By Mail
P.O. Box to be announced
By Telephone: 571-244-1401
By Email: connectingpeople@truedefinitions.com
16.
Botnets
True Definitions,
LLC retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used
as command and control points for botnets, True Definitions, LLC reserves
the right to direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
17.
Other Terms
If any
provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned
by True Definitions, LLC, in our sole discretion, to a third party in
the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member.
Member agrees that by accepting this Terms of Use Agreement, Member
is consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy Statement.
Please contact us at connectingpeople@truedefinitions.com
with any questions regarding this Agreement.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE
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