USER AGREEMENT & TERMS OF USAGE
By using and/or visiting these websites
(101012.org/101012.net)
owned and operated by 101012.org.
(collectively and hereinafter, "101012" or the
"Website") you agree to be bound by these
and other Terms of
Use and Policies (collectively, this "Agreement"),
posted through out these Websites, whether or not
you register as a member ("Member") or create a
profile ("Profile"). If you wish to become a Member
and communicate with other Members and make use of
the 101012 service (collectively, the "Service"),
read these Terms of Use and indicate your acceptance
of them by following the instructions in the
registration process. When used in these Terms
and Conditions, "we" and "our" mean
101012.org.
The Agreement sets out the legally binding terms of
your use of the Website and your membership in the
Service and may be modified by 101012 from time to
time, such modifications to be effective upon
posting by 101012 on the Websites. This Agreement
includes 101012's Acceptable Use Policy for Content
Posted on the Website, 101012's Privacy Policy, and
any notices regarding the Website. You may also
receive a copy of this Agreement by e-mailing us at:
support@101012.org, Subject:
Terms of Use Agreement.
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Eligibility.
You must be eighteen or over or represented by
someone eighteen or over (a parent/guardian) to register as a member
of 101012 or use the Website. Membership in the
Service is void where prohibited. By using the
Website, you represent and warrant that you have
the right, authority, and capacity to enter into
this Agreement and to abide by all of the terms
and conditions of this Agreement.
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Term.
This Agreement will remain in full force and
effect while you use the Website and/or are a
Member. You may terminate your membership at any
time, for any reason by following the
instructions on the Resign pages in Account
Settings, or upon receipt by 101012 of your
written or e-mail notice of termination. 101012
may terminate your membership for any reason,
effective upon sending notice to you at the
e-mail address you provide in your application
for membership, or such other e-mail address as
you may later provide to 101012. If 101012
terminates your membership in the Service
because you have breached the Agreement, you
will not be entitled to any refund of unused
subscription fees (if any). Even after
membership is terminated, this Agreement will
remain in effect. Even after this Agreement is
terminated, certain provisions will remain in
effect, including sections 4, 5, 7 and 9-14 of
this Agreement.
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Non Commercial Use by Members.
Illegal and/or unauthorized uses of the Website,
including collecting usernames and/or e-mail
addresses of members by electronic or other
means for the purpose of sending unsolicited
e-mail and unauthorized framing of or linking to
the Website will be investigated, and
appropriate legal action will be taken,
including without limitation, civil, criminal,
and injunctive redress.
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Proprietary Rights in Content on 101012
Websites.
101012 owns and retains all proprietary rights
in the Website and the Service. The Website
contains the copyrighted material, trademarks,
and other proprietary information of 101012,
and its licensors. Except for that information
which is in the public domain or for which you
have been given written permission, you may not
copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary
information.
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Content Posted on the Site.
A.
You understand and agree that 101012 may review and
delete any content, messages, 101012 Messenger
messages, photos or profiles (collectively,
"Content") that in the sole judgment of
101012
violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or
threaten the safety of Members.
B.
You are solely responsible for the Content that you
publish or display (hereinafter, "post") on the
Service, or transmit to other Members.
C.
By posting Content to any public area of these
websites, you automatically grant, and you represent
and warrant that you have the right to grant, to
101012 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 sublicenses of the foregoing.
D.
The following is a partial list of the kind of
Content that is illegal or prohibited on the
Website. 101012 reserves the right to investigate
and take appropriate legal action in its sole
discretion against anyone who violates this
provision, including without limitation, removing
the offending communication from the Service and
terminating the membership of such violators. It
includes Content that:
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Is patently offensive to the online community, such
as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or
individual;
§
Harasses or advocates harassment of another person;
§
Involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
§
Promotes information that you know is false,
misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or
libelous;
§
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, or providing pirated music or
links to pirated music files;
§
Contains restricted or password only access pages,
or hidden pages or images (those not linked to or
from another accessible page);
§
Provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18;
§
Provides instructional information about illegal
activities such as 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; and
§
Engages in commercial activities and/or sales
without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid
schemes.
E.
You
must use the Service in a manner consistent with any
and all applicable laws and regulations.
F.
You may and at your sole discretion to include in
your Member description any telephone numbers,
street addresses, last names, URLs or e-mail
addresses unless specifically requested not to.
G.
You may not engage in advertising to, or
solicitation of, other Members to buy or sell any
products or services through the Service. You may
not transmit any chain letters or junk e-mail to
other Members. Although 101012 cannot monitor the
conduct of its Members off the Website, it is also a
violation of these rules to use any information
obtained from the Service in order to harass, abuse,
or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without
their prior explicit consent.
H.
All members (Free and Premier) can receive, read and
reply to all messages sent to their account as long
as they have been invited to become a “friend.”
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Copyright Policy.
You may not post, distribute, or
reproduce in any way any copyrighted material,
trademarks, or other proprietary information
without obtaining the prior written consent of
the owner of such proprietary rights. Without
limiting the foregoing, if you believe that your
work has been copied and posted on the Service
in a way that constitutes copyright
infringement, please provide our Copyright Agent
with the following information: an electronic or
physical signature of the person authorized to
act on behalf of the owner of the copyright
interest; a description of the copyrighted work
that you claim has been infringed; a description
of where the material that you claim is
infringing is located on the Website; your
address, telephone number, and e-mail address; a
written 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 owner or authorized to act on the
copyright owner's behalf. 101012's Copyright
Agent for notice of claims of copyright
infringement can be reached as follows: General
Counsel, 101012.org.
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Subscription.
If applicable, subscriptions on monthly and
quarterly billings will be automatically
renewed unless cancelled by the member within 1
day of the next billing date. Any coupon code
applied at the time of the initial transaction
will not be applied to any following renewal
charges for any account.
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Member Disputes.
You are solely responsible for your interactions
with other 101012 Members. 101012 reserves the
right, but has no obligation, to monitor
disputes between you and other Members.
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Privacy.
Use of the Website and/or the Service is also
governed by our
Security and
Privacy Policy
&
Terms of Service.
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Disclaimers.
101012 is not responsible for any
incorrect or inaccurate Content posted on the
Website or in connection with the Service,
whether caused by users of the Website, Members
or by any of the equipment or programming
associated with or utilized in the Service.
101012 is not responsible for the
conduct, whether online or offline, of any user
of the Website or Member of the Service. 101012
assumes no responsibility for any error,
omission, interruption, deletion, defect, delay
in operation or transmission, communications
line failure, theft or destruction or
unauthorized access to, or alteration of, user
or Member communications. 101012 is not
responsible for any problems or technical
malfunction of any telephone network or lines,
computer online systems, servers or providers,
computer equipment, software, failure of e-mail
or players on account of technical problems or
traffic congestion on the Internet or at any
Website or combination thereof, including injury
or damage to users and/or Members or to any
other person's computer related to or resulting
from participating or downloading materials in
connection with the Web and/or in connection
with the Service. Under no circumstances
will 101012 be responsible for any loss or
damage, including personal injury or death,
resulting from anyone's use of the Website or
the Service, any Content posted on the Website
or transmitted to Members, or any interactions
between users of the Website, whether online or
offline. The Website and the Service are
provided "AS-IS" and 101012 expressly disclaims
any warranty of fitness for a particular purpose
or non-infringement. 101012 cannot guarantee
and does not promise any specific results from
use of the Website and/or the Service.
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Limitation on Liability.
Except in jurisdictions where such provisions
are restricted, in no event will 101012 be
liable to you or any third person for any
indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost
profits arising from your use of the Web site or
the Service, even if 101012 has been advised of
the possibility of such damages. Notwithstanding
anything to the contrary contained herein,
101012'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 101012 for the
Service during the term of membership.
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U.S. Export Controls.
Software from this Website (the "Software") is
further subject to United States export
controls. No Software may be downloaded from the
Website or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any
other Country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated
Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you
are not located in, under the control of, or a
national or resident of any such country or on
any such list.
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Disputes.
If there is any dispute about or involving the
Website and/or the Service, by using the
Website, you agree that the dispute will be
governed by the laws of the State of Florida
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 Florida, City of West Palm Beach.
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Indemnity.
You agree to indemnify and hold 101012, its
parent company, subsidiaries,
affiliates, officers, agents, and other partners
and employees, harmless from any loss,
liability, claim, or demand, including
reasonable attorney's fees, made by any third
party due to or arising out of your use of the
Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or
any breach of your representations and
warranties set forth above.
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Other.
This Agreement, accepted upon use of the Website
and further affirmed by becoming a Member of the
Service, contains the entire agreement between
you and 101012 regarding the use of the Website
and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this
Agreement shall continue in full force and
effect.
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Please also see other 101012.org/101012.net's
Terms
of Use Agreement.
Last revised 10/10/12, 07/07/13. |
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