Interpals Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to the InterPals Social Networking Service (hereon, the "Service")
provided by InterPals, LLC (hereon, “InterPals”). Your use of the Service is
subject to these Terms of Service ("TOS"). InterPals reserves the
right to update and change the TOS from time to time without notice or
acceptance by you. The TOS will also be applicable to the use of the Service on
a trial basis. By using the Service, you signify your irrevocable acceptance of
this TOS, as amended by InterPals periodically and acknowledge that changes to
this agreement may be made at any time.
2. DESCRIPTION OF SERVICE
2.1 The Service is web-based
and allows users that register for an account on the Service (an "Account
Holder") to create and update an online profile on InterPals’ Internet
property.
2.2 Once registered with the Service,
each Account Holder receives his or her own Profile to post "Content"
(as such term is defined in Section 7). Each Profile has limited disk space.
The type and number of tools you may use depend on the type of account you
have. Users are also allowed to contact other users via a Private Message and
message board (“Wall”) system. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of
new InterPals.net tools and resources, shall be subject to the TOS.
2.3 In order to use the Service,
you must obtain access to the World Wide Web, either directly or through
devices that access web-based Content, and pay any Service fees associated with
such access. In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or other
access device.
2.4 You also understand and
agree that the Service may include certain communications from InterPals, such
as Service announcements and administrative messages, and that these
communications are considered part of InterPals membership and you will not be
able to opt out of receiving them.
2.5 You agree not to access the
Service by any means other than through the interfaces that are provided by
InterPals for use in accessing the Service.
3. REGISTRATION
3.1 In order
to use the Service, you must have a valid InterPals ID. To be an Account Holder
with your own Profile, you must provide InterPals with your name, a valid email
address and other information ("Registration Data").
3.2 As an Account Holder, you
will choose a password and account designation (“Username”) for your Profile
during the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. 3.3 You agree to
(a) immediately notify InterPals in writing of any unauthorized
use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each
session.
3.4 InterPals cannot and will
not be liable for any loss or damage arising from your failure to comply with
this Section 3. In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form, and
(b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete.
3.5 If you provide any
information that is untrue, inaccurate, not current or incomplete, or InterPals
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, InterPals has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof).
3.6 Eligibility to register for
an Account on the Service comes with the following exceptions:
(a)
Users
under 13 years of age are prohibited from using the Service and registering for
an Account.
(b)
Businesses
and organizations are prohibited from registering an Account. Each Account must
correspond to a unique individual person.
(c) If you have already
registered for an Account on the Service and the Account is active, a new
account can be created only upon the deletion of the existing Account. Possession
of multiple accounts, as determined solely at the discretion of InterPals, is
prohibited.
4. CANCELLATION AND TERMINATION
4.1 If
you cancel the Service, your cancellation will take effect immediately. After
cancellation, you will no longer have access to your Profile and all
information contained therein may be deleted by InterPals.
4.2 InterPals.net accepts no
liability for such deleted information or Content.
4.3 You agree that
InterPals.net, in its sole discretion, may terminate your password and/or
account, and remove and discard any Content within the Service (including, but
not limited to your Profile and Personal Messages if you are an Account
Holder), for any reason, including and without limitation if InterPals believes
that you have violated or acted inconsistently with the letter or spirit of the
TOS.
4.4 Any contracts, verbal or
written or assumed, in conjunction with your deleted Profile (as applicable)
and all its parts, at InterPals’ discretion, will be terminated as well.
4.5 InterPals may also in its
sole discretion and at any time, discontinue providing the Service, or any part
thereof, with or without notice.
4.6 You agree that any
termination of your access to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that InterPals may
immediately deactivate or delete your Profile, as applicable, and all related
information and files.
4.7 InterPals reserves the
right to bar any further access to such files or the Service.
4.8 You agree that InterPals
shall not be liable to you or any third-party for any termination of your
access to the Service.
5. INTERPALS PRIVACY POLICY
5.1 Registration Data and
certain other information about you are subject to our Privacy Policy, the terms
of which are incorporated into this TOS by reference.
5.2
Personal data that may be shared on your Profile is at the
discretion and responsibility of the Account Holder. 5.3 The Account Holder selects
for each profile created whether to share that specific profile with the
public, invited friends, or private to the Account Holder only. 5.4 The Account Holder may
limit his/her contactability to people who meet a certain set of criteria based
on age, sex, and/or location, which can be specified from the privacy settings
page. 5.5 InterPals at its sole
discretion may modify or remove any of the information contained within a user’s
Profile without warning should it be found or suspected to be false or contain
prohibited Content (Section 7). 5.6 In order to verify
compliance with these Terms of Service, InterPals reserves the right to access
and examine Registration data, Private Message data and/or any other Content
submitted by a user on the Service. 6. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY 6.1
You
are responsible for maintaining the security of your account and Profile, and
you are fully responsible for all activities that occur under the account and
any other actions taken in connection with the Profile. 6.2 You agree to immediately
notify InterPals in writing of any unauthorized uses of the account or any
other breaches of security. 6.3 InterPals cannot and will
not be liable for any loss or damage from your failure to comply with this
security obligation. 6.4 You acknowledge and agree
that under no circumstances will InterPals.net be liable, in any way, for any
acts or omissions by an Account Holder or a Guest, including any damages of any
kind incurred as a result of such acts or omissions. 7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
7.1 You understand that all
information, data, text, software, music, sound, photographs, graphics, video,
messages, goods, products, Services or other materials ("Content")
are the sole responsibility of the person from which such Content originated. 7.2 You, and not InterPals, are
entirely responsible for all Content that you upload, post, transmit or
otherwise make available via the Service. 7.3 InterPals does not control
the Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content.
You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will InterPals.net be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any Content
posted, transmitted or otherwise made available via the Service. 7.4 You acknowledge that
InterPals does not pre-screen Content, but that InterPals and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse, move, modify or delete any Content that is available via the Service. 7.5 Without limiting the
foregoing: InterPals and its designees shall have the right to remove or modify
any Content that violates the TOS or is otherwise objectionable at InterPals’
sole discretion. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. 7.6 In this regard, you
acknowledge that you may not rely on any Content created by InterPals or
submitted to InterPals. You acknowledge and agree that InterPals may preserve Content
and may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: • (a) comply with legal
process; • (b) enforce the TOS; • (c) respond to claims that
any Content violates the rights of third-parties; or • (d) protect the rights,
property, or personal safety of InterPals, its users and the public. 7.7
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)transmissions over various
networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Should Content
be found or reported to be in violation with, but not limited to, the following
terms, it will be InterPals’ sole discretion as to what action should be taken. 7.8 You agree that you will not: • (a) upload, post, transmit
or otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy (up to, but not excluding any address, email, phone
number, or any other contact information without the written consent of the
owner of such information), hateful, or racially, ethnically or otherwise
objectionable; • (b) harm minors in any way; • (c) impersonate any person
or entity, including, but not limited to, as an InterPals official, forum
leader, moderator 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 Service; • (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, rights of privacy or publicity, or other proprietary rights
of any party; • (g) upload, post, or
transmit unsolicited commercial email or "spam". This includes
unethical marketing, advertising, or any other practice that is in any way
connected with "spam", such as (i) sending mass email to
recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles,
descriptions, or (iii)
promoting
your site by posting multiple submissions in public forums that are identical; • (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) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Service; • (j) intentionally or
unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, 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; • (k) "stalk" or
otherwise harass another; • (l) 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, without limitation, providing instructions on how to
assemble bombs, grenades and other weapons or incendiary devices; • (m) advertise, offer for
sale, or promote any item, good or Service; • (n) use the Service as a
forwarding or recruiting Service for another website or Service; • (o) solicit passwords or
personal identifying information for commercial or unlawful purposes from other
users; • (p) exceed the scope of the
Service that you have signed up for; for example, accessing and using the tools
that you do not have a right to use, or deleting, adding to, or otherwise
changing other people's comments or Content; • (q) engage in commercial
activities within InterPals or on behalf of InterPals without prior approval.
This includes, but is not limited to, the following activities:i. Displaying a
banner that is designed to profit you or any other business or organization;
and ii. Displaying banners for Services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their web sites. • (r) obscure any
advertisements from general view via HTML/CSS or any other means. • (s) make any automated use
of the system. • (t) upload or link to any
images depicting full or partial nudity, sexual activity, suggestion of sexual
activity, pornography, illegal drug use, underwear, racist or hate symbols as
determined by InterPals or its designees; • (u) copy or reproduce
images from the profiles of other InterPals users without their explicit prior
consent. • (v) upload Content that
contains profanity, racist or hate speech, offensive images, or any subject
matter inappropriate for an audience of all ages as determined solely at the
discretion of InterPals;
If any user is reported to be in violation with
the letter or spirit of these terms, InterPals retains the right to terminate
such account at any time without further warning; 8. ADDITIONAL SOFTWARE
8.1 With respect to any
additional software that may be made available by InterPals in connection with
the Service, if you elect to download or access such additional software or
third party Content made available through the Service, you understand that you
may have to agree to additional terms and conditions before you use such
software or third party Content. 8.2
You also agree that
the use of any third party software or Content obtained through the Service
does not transfer to you any rights, title or interest in or to the software or
such Content, and that you will not use any Content made available to you through
the software or the Service except as expressly authorized under that third
party provider's terms of Service or license. 8.3 For greater certainty, by
downloading software or Content made available through the Service, you are
deemed to agree to the terms of Service or license agreement posted on the Service,
the terms of which are incorporated by reference herein for the benefit of such
third party providers. If you do not agree to the terms of Service or license
agreement, do not download the software or Content. 9. INTERNATIONAL USE
9.1 Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from
the country in which you reside. 10. CONTENT SUBMITTED 10.1
InterPals does not
claim ownership of the Content you place on your InterPals Profile. By
submitting Content to InterPals for inclusion on your InterPals Profile, you
grant InterPals a world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting your Profile on InterPals’ Internet
properties. 10.2 You acknowledge that
InterPals does not pre-screen Content, but that InterPals and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse or remove any Content that is available via the Service. Without
limiting the foregoing, InterPals and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. 11. ADVERTISERS
11.1 You understand and agree
that the Service may include advertisements and that these advertisements are
necessary for InterPals to provide the Service. You also understand and agree
that you will not obscure any advertisements from general view via HTML/CSS or
any other means. 11.2 By using the Service, you
agree that InterPals has the right to run such advertisements with or without
prior notice, and without recompense to you or any other user. The manner, mode
and extent of advertising by InterPals on your Profile are subject to change at
InterPals’ discretion. 11.3 Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or Services,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that
InterPals 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 Service. 12. LINKS
12.1
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Interpals has no control over such sites and resources, you
acknowledge and agree that InterPals is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. 12.2 You acknowledge and agree
that InterPals shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or Services available on or through
any such site or resource. 13. INDEMNITY
You agree to indemnify and hold InterPals, and its
subsidiaries, affiliates, officers, directors, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your Content, your use of the Service, your Guests activities, your connection
to the Service, your violation of the TOS, or your violation of any rights of
another, whether you are a registered user or not. 14. RESALE OF SERVICE
14.1 You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service without the express written permission by
InterPals. 15. GENERAL PRACTICES REGARDING USE AND STORAGE
15.1 You acknowledge that
InterPals may establish general practices and limits concerning use of the Service
and may modify such practices and limits from time to time without notice to
you. 16. MODIFICATIONS TO SERVICE
16.1 InterPals reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice at any
time. You agree that InterPals shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service. 17. PROPRIETARY RIGHTS 17.1
You acknowledge and
agree that the Service and any necessary software used in connection with the Service
("Software") contains proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, Service marks, patents or other proprietary rights and
laws. 17.2 Except as expressly
authorized by InterPals or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
InterPals does not want to receive
confidential or proprietary information from you through the Service or by
email. 17.3 Unless otherwise agreed in
writing by an authorized InterPals representative, any material, information or
idea you transmit to InterPals by any means may be disseminated or used by
InterPals or its affiliates without compensation or liability to you for any
purpose whatsoever, including, but not limited to, developing, manufacturing
and marketing products. However, this provision does not apply to Content (as
defined herein), or to personal information that is subject to our Privacy
Policy. 18. DISCLAIMER OF WARRANTIES
18.1 You expressly understand
and agree that: • (a) your use of the Service
is at your sole risk. The Service is provided on an "as is" and
"as available" basis, InterPals expressly disclaims all warranties of
any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. • (b) InterPals is not
responsible for any damage, loss of data, customer information or vendor data,
revenue, or other harm to business arising out of delays, misdelivery or
nondelivery of information, restriction or loss of access, bugs or other
errors, unauthorized use due to your sharing of access to the Service, or other
interaction with the Service. You are responsible for maintaining and
backing-up your data and information that may reside on the Service. InterPals
does not warrant that
(i) the Service will meet your specific
requirements,(ii) the Service will be uninterrupted, timely, secure, or
error-free,(iii) the results that may be obtained from the use of the Service
will be accurate or reliable,(iv) the quality of any products, Services,
information, or other material purchased or obtained by you through the Service
will meet your expectations, and (v) any errors in the software will be
corrected. • (c) any material downloaded
or otherwise obtained through the use of the Service is done at your own
discretion and risk and you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such
material. • (d) no advice or
information, whether oral or written, obtained through or from the Service
shall create any warranty not expressly stated in the tos. • (e) InterPals is not
responsible for the conduct, whether online or offline of any user of the InterPals
Services. 19. LIMITATION OF LIABILITY
19.1 You expressly understand
and agree that InterPals shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if InterPals has been advised of the possibility of
such damages), resulting from: • (i) the use or the
inability to use the Service; • (ii) the cost of
procurement of substitute goods and Services resulting from any goods, data,
information or Services purchased or obtained or messages received or
transactions entered into through or from the Service; • (iii) unauthorized access
to or alteration of your transmissions or data; • (iv) statements or conduct
of any third party on the Service; or • (v) any other matter
relating to the Service. 20. EXCLUSIONS AND LIMITATIONS
20.1 Some jurisdictions do not
allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the
above limitations of sections 18 and 19 may not apply to you. 21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT 21.1
InterPals respects
the intellectual property of others, and we ask our users to do the same. InterPals
may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. 21.2 If you believe that your
work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide InterPals’
Copyright Agent (as defined below) the following information:
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you
claim is infringing is located on our web site;
your address, telephone
number, and email address;
a 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 or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
InterPals’ Copyright Agent for
notice of claims of copyright or other intellectual property infringement can
be reached as follows:
Contact form 22. MEMBER DISPUTES 22.1
Member Disputes. You
are solely responsible for your interactions with other InterPals members. InterPals
reserves the right, but has no obligation, to monitor and arbitrate disputes
between you and other Members. 23. GENERAL
23.1
Notices to you may
be made via either email, regular mail or via the Private Message system. The Service
may also (but is under to obligation to) provide notices of changes to the TOS
or other matters by displaying notices or links to notices to you generally on
the Service. 23.2 The TOS and the
relationship between you and InterPals shall be governed by the laws of
Washington State (USA) without regard to its conflict of law provisions. You
and InterPals agree to submit to the personal and exclusive jurisdiction of the
courts located within Washington State. 23.3 The failure of InterPals to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. The TOS constitutes the entire agreement
between you and InterPals and govern your use of the Service, superseding any
prior agreements between you and InterPals (including, but not limited to, any
prior versions of the TOS). 23.4 You also may be subject to
additional terms and conditions that may apply when you use affiliate or other InterPals
Services, third-party Content or third-party software. If any provision of the
TOS or incorporated documents are found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. 23.5 You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the TOS are for convenience only and have no legal or
contractual effect. 24.
VIOLATIONS 24.1
Please report any
violations of the TOS to us via our contact form or by clicking
on the "Report to Moderator" links throughout our web site.