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.
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
