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eTwine.com MEMBER TERMS AND
CONDITIONS
(YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE eTwine
WEBSITE. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE
AGE OF 18 IS STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the
"Agreement") carefully. The Agreement sets out the terms under
which eTwine services (the "Services") are provided to you by us
through the eTwine website (the "Site"). By registering with
eTwine, you become a member of the Service (a "Member"), and you
agree to be bound by the terms and conditions of this Agreement (the
"Terms") for as long as you continue to be a Member. If you do not
agree to the Terms, please do not register for the eTwine Service or otherwise
access or use this Site.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any content on or
feature of the Site; or
· Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting on the Site or email.
Your use of the Site after such notice will be deemed acceptance of the
changes. Be sure to review this Agreement periodically to ensure familiarity
with the most current version. Upon our request, you agree to sign a
non-electronic version of this Agreement.
REGISTRATION. To become a Member you must register with us. When and if you
register to become a Member, you agree to provide accurate, current and
complete information about yourself as prompted by our registration form
("Registration Data"), and to maintain and update your information
to keep it accurate, current and complete. You agree that we may rely on your
Registration Data as accurate, current and complete. You acknowledge that if
your Registration Data is untrue, inaccurate, not current or incomplete in
any respect, we reserve the right to terminate this Agreement and your use of
the Site.
By becoming a Member, you represent and warrant that you are at least 18
years old, which is the minimum required age to become a Member. However, we
cannot guarantee that each Member is at least the required minimum age,
neither do we accept responsibility or liability for any content,
communication or other use or access of the Site by persons under the age of
18 in violation of these Terms.
Either you or eTwine may terminate your membership at any time, for any
reason, effective upon sending written notice to the other party. All
membership fees paid are non-refundable. We reserve the right to immediately
suspend or terminate your access to the Service, without notice, upon any
breach of this Agreement by you that is brought to our attention.
Your membership in the Service is for your sole, personal use. You may not
authorize others to use your membership, and you may not assign or otherwise
transfer your account to any other person or entity.
USERNAME AND PASSWORD. As part of the registration process, you will be asked
to select a username. We may refuse to grant any username that impersonates
someone else, is or may be illegal, is or may be protected by trademark or
other proprietary rights law, is vulgar or otherwise offensive, or may cause
confusion, as we determine in our sole discretion. You are responsible for
the confidentiality and use of your username and password and agree not to
transfer or resell your use of or access to the Site to any third party. YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME
AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish or
display (hereinafter, "post") on the Service, or transmit to other
Members.
You will not post on the Service, or transmit to other Members or employees,
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). Please notify us by sending an email to abuse@eTwine of any material
contained in the Service that you believe infringes these rules.
You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in your profile any telephone
numbers, street addresses, last names, URLs, e-mail addresses, offensive
anatomical or sexual references, or offensive sexually suggestive or
connotative language, or any confidential information of any third person,
and you will not post any photographs or other images containing nudity or such
personal information. eTwine reserves the right, but has no obligation, to
reject any profile or photograph or image that does not comply with these
prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other Members to
buy or sell any products or services through the Service. You will not
transmit any chain letters, spam or junk email to other Members. IF YOU USE ETWINE.COM FOR THE PURPOSE
OF SENDING SPAM OR JUNK EMAIL TO OTHER MEMBERS YOU WILL BE PERMANENTLY BANNED
FROM THE SITE AND YOUR CONTACT INFORMATION AND IP ADDRESS WILL BE REPORTED TO
THE PROPER GOVERNMENTAL AUTHORITIES.
WE WILL PURSUE LEGAL ACTION AGAINST SPAMMERS TO THE FULLEST EXTENT
ALLOWABLE UNDER THE LAW.
You will not express or imply that any statements you make are endorsed by
us, without our specific prior written consent.
You will not harvest or collect personal information about other Members
whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the
servers or networks connected to the Services or the Site.
You will not post, e-mail 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. Please notify us by sending an
e-mail to help@eTwine.com of any material contained in the Service that you
believe infringes these rules.
You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site,
without our prior written authorization. You also shall not use metatags or
code or other devices containing any reference to eTwine or the Service or
the Site in order to direct any person to any other website for any purpose.
You will not modify, adapt, sub-license, translate, sell, reverse engineer,
decipher, de-compile or otherwise disassemble any portion of the Site or any
software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members,
whether online or offline. eTwine
reserves the right, but has no obligation, to monitor disputes between you
and other Members.
INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and representatives harmless from and
against any and all claims, damages, losses, liabilities, costs (including
reasonable attorneys' fees) or other expenses that arise directly or
indirectly out of or from (i) your breach of this Agreement; (ii) any
allegation that any materials that you submit to us or transmit to the Site
infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (iii) your
activities in connection with the Site. This indemnity shall be applicable
without regard to the negligence of any party, including any indemnified
person.
ONLINE CONTENT. Opinions, advice, statements, offers or other information or
content made available through the Service are those of their respective
Member-author and not of eTwine, and should not necessarily be relied upon.
Such Members are solely responsible for such content. eTwine does not
guarantee the accuracy, completeness or usefulness of any information on the
Service and neither adopts nor endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made. Under no
circumstances will eTwine be responsible for any loss or damage resulting
from anyone's reliance on information or other content posted on the Service
or transmitted to Members.
The Site may contain links to other Internet websites or resources. We
neither control nor endorse such other websites, nor have we reviewed any
content that appears on such other websites. You acknowledge and agree that
we shall not be held responsible for the legality, accuracy or inappropriate
nature of any content, advertising, products, services or information located
on or through any other websites or for the operation or policies of any such
websites, nor for any loss or damages caused or alleged to have been caused
by the use of or reliance on any such websites or such content or other
information.
WARNING - PLEASE READ: It is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive or
obscene materials on the Service and that you may be involuntarily exposed to
such offensive and obscene materials. It also is possible for others to
obtain personal information about you due to your use of the Service, and
that the recipient may use such information to harass or injure you. eTwine
is not responsible for the use of any personal information that you may
choose to disclose on the Service. Please carefully select the type of
information that you post on the Service or release to others.
eTwine reserves the right, but has no obligation, to monitor the materials
posted in any area of the Service. eTwine (www.etwine.com) shall have the right
but not the obligation to remove any such material that violates, or is
alleged to violate, the law or this Agreement. Notwithstanding this right of
eTwine, you remain solely responsible for the content of the materials you
post in any area of the Service and your private email messages. E-mails sent
between you and other Members that are not readily accessible to the general
public will be treated as private by eTwine to the extent required by
applicable law and pursuant to the commercially reasonable efforts of eTwine.
We do not exclude any liability for death or personal injury due to our
negligence.
PROPRIETARY RIGHTS. eTwine owns and retains other proprietary rights in the
Services and the Site. The Services and the Site contain the copyrighted material,
trademarks and other proprietary information and software of eTwine and its
licensers. In addition, other Members may post copyrighted information, which
has copyright protection whether or not it is identified as copyrighted.
Except for that information which is in the public domain or for which you
have been given permission, you will not copy, modify, publish, transmit,
distribute, perform, display or sell any such proprietary information. By
posting information or content to any area of eTwine, you automatically
grant, and you represent and warrant that you have the right to grant, to
ETwine and other Members an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display 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 sub-licenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your personal information and
undertake to comply with all applicable data protection legislation in the US
and other jurisdictions in which we offer the Service, subject to the Privacy
Policy of eTwine.
The personal information (including sensitive personal information) you
provide to us will be stored on computer. You consent to us using this
information to build up a profile of interests, preferences and browsing
patterns and to allow you to participate in the eTwine Service. All Members
also agree to uphold and maintain our Privacy Policy and to the terms and
conditions thereof. You may read a full description of our Privacy Policy at
http://www.etwine.com.
DISCLAIMER OF WARRANTY. eTwine PROVIDES THE SERVICE AND THE SITE ON AN
"AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH eTwine OR ITS
REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. eTwine
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NONINFRINGEMENT. eTwine DOES NOT WARRANT THAT YOUR
USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS
IN THE SERVICE OR THE SITE WILL BE CORRECTED. ETwine DISCLAIMS LIABILITY FOR,
AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE,
INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL eTwine BE LIABLE (i) TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF eTwine OR ITS AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION
HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS
Twine’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 eTwine FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
In addition, eTwine disclaims all liability, regardless of the form of
action, for the acts or omissions of other Members or users (including
unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations
of liability may not apply to you.
We do not exclude any liability for death or personal injury due to our
negligence.
COPYRIGHT POLICY. We respect the intellectual property of others, and we ask
our Members to do the same. If you believe that a copy of your work is
available on the Service without your consent or that a copyright
infringement has otherwise occurred, please supply us with the following
information:
· A description of the copyrighted work that you claim has been infringed;
· Details of where the infringing material is located on the Site;
· Your address, telephone number and e-mail address;
· A statement by you that you believe in good faith that the use of the work
on the Site is not authorized by the copyright owner or any person entitled
to act on their behalf or by law; and
· An affidavit executed by you that the information you provide concerning
the copyright infringed is accurate and that you are the copyright owner
authorized to act on their behalf.
COMPLAINTS. To resolve a complaint regarding the Service or the Site, you
should contact eTwine Customer Support at help@etwine.com
GENERAL PROVISIONS. This Agreement is governed
by the laws of the State of New York without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal
courts of the State of New York. This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.
This Agreement, accepted by you upon registering for the Service, contains
the entire agreement between you and eTwine regarding the Service and the
Site, including the eTwine Privacy Policy. In the event of any conflict
between the Privacy Policy and this Agreement, this Agreement shall control.
Unless otherwise explicitly stated, the Terms will survive termination of
your membership to the Service. This agreement shall terminate immediately
and without notice if you breach any of the Terms, subject to the survival of
all rights and reservations of eTwine. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force
and effect.
The Member certifies that the Member has read and agrees to be bound by these
eTwine Member Terms and Conditions.
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