BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE AGREEMENT BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE joinme.com SERVICES.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITION OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DON'T ACCEPT" BUTTON.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICES
The joinme.com Portal Services ("Services"), owned and operated by joinme.com, is provided to you ("User") under the terms and
conditions of this Portal Services Terms of Service ("TOS") and any operating rules or policies that may be published by joinme.com. The TOS comprises the entire agreement between User
and joinme.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.
2. DESCRIPTION OF THE SERVICES
joinme.com agrees to provide Users one or more of the following Services via the joinme.com sites: electronic mail ("email"), chat, message
board, mailing list, calendar, greeting card, WAP, web hosting, IMS, UMS or polling. User must: (a) provide all equipment, including a computer and modem, necessary to establish a
connection to the Web; (b) provide for User¡¦s own access to the Web and pay any telephone or other connection and service fees associated with such access.
2.1 Advertising
joinme.com may serve ads to this site or works with a third
party to serve the ads.
Advertisements placed on the joinme.com sites may include but are not
limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.
User agrees that joinme.com has the right to run such
advertisement and promotions. Your correspondence or business dealing with, or
participation in promotions of, advertisers found on or through the Services,
including payment and delivery of related goods or services, and any other or
representations associated with such dealings, are solely between you and such
advertiser. You agree that
joinme.com shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Services.
Privacy protection is joinme.com¡¦s number one priority. joinme.com uses the patent-pending
"dual blind" privacy protection technology which allows joinme.com to
customize ads for User¡¦s browser without ever knowing User¡¦s name, address,
social security number, telephone number or any other personally identifiable
information. It's completely
anonymous. And joinme.com does not store any data that is considered
sensitive or controversial (specific medical and financial information, adult
content, sexual preference, etc.)
joinme.com has some of the most privacy-safe technologies and
policies on the Internet. We can deliver targeted advertising to your
browser¡Voffers and opportunities of interest to you¡Vwithout ever knowing your
identity. But we believe the most important privacy safeguard is consumer
choice. If you don¡¦t want to be part of our advertising services, we give
you the power to "opt-out" at any time.
2.2 Email
Marketing
joinme.com and/or third parties may, from time to time, send
email messages to Users containing advertisements, special promotions, and
other marketing materials ("Email Marketing Programs") based on the agreed
terms between joinme.com and its selected partner(s). joinme.com also offers Users
permission-based e-mail services.
Users must decide to "opt-in" to our e-mail service during the
registration process or through a link on the joinme.com sites before they
receive any e-mail services, newsletters, special promotions and other
marketing materials ("Opt-In Email Programs"). joinme.com has the right to partner with any email
marketers to provide these Email Marketing Programs or Opt-In Email
Programs.
3. PRIVACY POLICY
In consideration for the Services, User agrees to: (a) provide certain current,
complete, and accurate information about User as prompted to do so by the
Services and (b) maintain and update this information as required to keep it
current, complete and accurate. All information requested on original sign up
shall be referred to as registration information ("Registration
Information"). This
Registration Information will be owned by joinme.com and any of its
co-branding partner if applicable. If any information provided by User is
inaccurate, joinme.com retains the right to terminate User's membership and
rights to use the Services.
For the avoidance of doubt, User grants joinme.com the right to
disclose to email marketers referred to in Section 2.3 all information provided
during subscription of an Email Marketing Programs or Opt-In Email Programs.
Users may "opt-out" to these emails directly at any time. joinme.com does not make any
representation or warranty with respect to the content of any such email
messages or any goods or services which may be obtained from such third
parties, and User agrees that joinme.com shall not have any liability with
respect thereof.
joinme.com is committed to never mixing your permission-based
e-mail information with the anonymous profile information described in Section
2.2 above.
For a complete Privacy Policy Statement, please refer to the
Privacy Policy link on http://www.outblaze.com/privacypolicy/.
4. MODIFICATIONS TO
TERMS OF SERVICE
joinme.com reserves the right to modify the terms and conditions of the TOS
at any time and at its sole discretion.
joinme.com will post any update[s] to the TOS on this Web site. By continuing to use the Services, User
agrees to be bound by the amended TOS.
5. MODIFICATIONS TO
THE SERVICES
joinme.com reserves the right to modify or discontinue the Services, or any
portion thereof, at any time, with or without notice to User. joinme.com shall not be liable to
User or any third party should joinme.com exercise its right to modify or
discontinue the Services.
6. USER ACCOUNT,
PASSWORD, AND SECURITY
User is entirely responsible for maintaining the confidentiality of User¡¦s
password and account, and for any and all activities which occur under User¡¦s
account or password. User agrees
to immediately notify joinme.com of any unauthorized use of User¡¦s account,
password, or any other breach of security known to User.
User may change its password or icon by following instructions on
the system; User may also set up a new account and close an old one in
accordance with directions on joinme.com¡¦s system.
7. DISCLAIMER OF
WARRANTIES
joinme.com provides the Services on an "as is" and "as available" basis, and
User uses such Services at its sole risk.
joinme.com makes no warranty that the Services will meet User¡¦s
requirements, or that the Services will be uninterrupted, timely, secure, or
error free; nor does joinme.com make any warranty as to the results that may
be obtained from the use of the Services or as to the accuracy or reliability
of any information obtained through the Services or that defects in the
Services will be corrected.
joinme.com expressly disclaim all warranties of any kind,
whether express, implied or statutory, including, but not limited to, the
implied warranties of title, merchantability, fitness for a particular purpose
and non-infringement.
User understands and agrees that any material and/or data
downloaded or otherwise obtained through the use of the Services is done at
User¡¦s own discretion and risk and that User¡¦s computer system or loss of data
that results from the download of such material and/or data.
joinme.com make no warranty regarding any goods or services
purchased or obtained through the Services or any transactions entered into
through the Services.
No advice or information, whether oral or written, obtained by
User from joinme.com shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to User.
8. LIMITATION OF
LIABILITY
joinme.com will not be liable for any loss of use, interruption
of business, or any indirect, special, incidental, or consequential damages of
any kind (including but not limited to lost profits) regardless of the form of
action, whether in contract, tort (including negligence) strict product
liability, or otherwise, even if joinme.com has been advised of the
possibility of such damages.
Some jurisdictions do not allow the limitation, or exclusion of
liability for incidental or consequential damages, so some of the above
limitations may not apply to User.
9. DATA STORAGE AND
OTHER LIMITATIONS
joinme.com has set no fixed upper limit on the number of messages a User may
send or receive through the Services; however, joinme.com retains the right,
at its sole discretion, to determine whether or not User¡¦s conduct is
consistent with the letter and spirit of the TOS and may terminate Services if
joinme.com determines in its sole discretion that User¡¦s conduct is
inconsistent with the TOS.
joinme.com ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO
STORE, DELIVER, OR TIMELY DELIVER EMAIL MESSAGES.
10. USER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not joinme.com, are entirely responsible for all Content
that you upload, post or otherwise transmit via the Service. joinme.com does
not control the Content posted via the Services and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Services, you may be exposed to Content that is offensive,
indecent or objectionable.
You agree to not use the Services to:
(a) upload, post or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited
to, an joinme.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Services or develop
restricted or password-only access pages, or hidden pages or images (those not
linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
any party;
(g) upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"Spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas of the Service that are
designated for such purpose;
(h) upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Services are able to type, or
otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services;
(k) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users; or
(n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual, or
promote any act of cruelty to animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades and other weapons,
and creating "Crush" sites.
11. INDEMNIFICATION
User agrees to indemnify, defend (at joinme.com¡¦s request), and hold
joinme.com and joinme.com, their parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made or brought by any third party due to or arising out of
User's use of the Services or any part thereof, the violation of this TOS or
any provision therein by User, or the infringement or misappropriation by User,
or a third party using User¡¦s computer, account or password to access and/or
use the Services, of any Intellectual Property Rights of any person or entity,
or the use or misuse by User or third parties of User passwords or accounts.
12. PROPRIETARY
RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
either sponsor advertisements, or Internet-distributed, commercially produced
information presented to User by the Services ("Content") by
joinme.com, joinme.com, joinme.com's advertisers, or other joinme.com
Users may be protected by copyrights, trademarks, patents or other proprietary
rights and laws; therefore, User is only permitted to use this protected
Content as expressly authorized by the owner of the Content
("Owner"), the Services or the Advertiser. User may not copy,
reproduce, distribute, or create derivative works from this Content without
expressly being authorized to do so by the Owner, the Services or the
Advertiser.
13. TERM AND
TERMINATION
Either User or joinme.com may wish to discontinue the Services with or
without cause at any time, effective immediately upon written notice to the
other party. joinme.com shall
not be liable to User or any third party for termination of the Services.
Should User object to any terms and conditions of the TOS or any
subsequent modifications thereto or become dissatisfied with the Services in
any way, User's only recourse is to immediately:
(1) discontinue use of the Services;
(2) terminate Services Usership
14. NOTICE
All notices to a party shall be in writing and shall be made either via online
announcements, email, or conventional mail. joinme.com may broadcast notices
or messages through the Services to inform User of changes to the TOS, the
Services, or other matters of importance; such broadcasts shall constitute
notice to User.
15. LAW
The TOS shall for all purposes be governed by and interpreted in
accordance with the laws of the Hong Kong SAR, excluding its conflict of law
provisions. User and joinme.com agree to submit to the exclusive jurisdiction
of the courts of the Hong Kong SAR. If any provision(s) of the TOS is held by a
court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.
joinme.com's failure to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by joinme.com in writing. User and joinme.com agree that any
cause of action arising out of or related to these Services must commence
within one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred. The section titles in the TOS are solely used for
the convenience of the parties and have no legal or contractual significance.
16. ASSIGNMENT
No right may be assigned, and no duty may be delegated, by either
party under this Agreement except upon the written consent of the other party
and any attempted assignment and delegation without such consent shall be void
and without effect.
Notwithstanding the foregoing, however, joinme.com shall be entitled
to assign this agreement, and all rights and obligations hereunder, to a
successor to all or substantially all of its assets, whether by sale, merger or
otherwise. This TOS shall be
binding upon and shall inure to the benefit of the parties hereto and their
respective representatives, heirs, administrators, successors and permitted
assigns except as otherwise provided herein.
17. NO AGENCY
Neither party is, nor will it be deemed to be, an agent or legal
representative of the other party for any purpose. Neither party will be entitled to enter into any contracts
in the name of or on behalf of the other party, and neither party will be
entitled to pledge the credit of the other party in any way or hold itself out
as having authority to do so.
18. SEVERABILITY
If any provision(s) of the TOS is held by a court of competent
jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then
such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect.
19. WAIVER
Any waiver (express or implied) by either party of any breach of
this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived
by any act, omission or knowledge of a party or its agents or employees except
by an instrument in writing expressly waiving such provision and signed by a
duly authorized officer of the waiving party.
20. STATUTE OF
LIMITATIONS
User and joinme.com agree that any cause of action arising out
of or related to these Services must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred.
21. TITLES
The section titles in the TOS are solely used for the convenience
of the parties and have no legal or contractual significance.