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Last Updated January 1, 2008
Terms of Use Agreement for
IntroMaestro.com
IntroMaestro.com is an online introduction, friendship, social networking, pen pal,
dating, relationship service. The terms "IntroMaestro", "IntroMaestro.com",
"we" or "us" throughout this document refer to the person,
persons, entity or entities that own IntroMaestro.com and are responsible for
its operations. The Services offered by IntroMaestro.com include
the IntroMaestro.com Website (the "Website"), and any features,
content, or applications offered from time to time by
IntroMaestro.com in connection with the Website (collectively,
the "Services").
This Terms of Use Agreement ("Agreement")
sets forth the legally binding terms for your use of the
Services. By using the Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you
simply browse the Website) or you are a "Member" (which means
that you have registered with
the Website). The term "User" refers to a Visitor or a
Member. You are only authorized to use the Services (regardless
of whether your access or use is intended) if you agree to abide
by all applicable laws and to this Agreement. Please read this
Agreement carefully and save it. If you do not agree with it,
you should leave the Website and discontinue use of the Services
immediately. If you wish to become a Member, communicate with
other Members and make use of the Services, you must read this
Agreement and indicate your acceptance at the end of this
document before proceeding to the Registration process.
This Agreement includes
the Website's policy for acceptable use of the Services
and Content posted on the Website, your rights, obligations and
restrictions regarding your use of the Services and
the Website's Privacy Policy. In order to participate in certain
Services, you may be notified that you are required to download
software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms
and conditions applicable to the Services in which you choose to
participate, those additional terms are hereby incorporated into
this Agreement.
IntroMaestro.com may modify this Agreement from time to time
and such modification shall be effective upon updating this
document which is linked from the Website. You agree to be bound
to any changes to this Agreement when you use the Services after
any such modification and updating of this document. It is
therefore important that you review this Agreement regularly to
ensure you are updated as to any changes.
Please choose carefully the information you post on
the Website and that you provide to other Users. Your
profile on the Website may not include the following items:
telephone numbers, street addresses, last names, and any
photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided
by other Website Users (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and IntroMaestro.com assumes no responsibility or liability for
this material. If you become aware of misuse of the Services by
any person, please contact
IntroMaestro.com via the "Contact Us" form provided on the Website.
By using the Services you agree to allow IntroMaestro.com,
Website Users and/or any other source to provide comments and
ratings collectively referred to as "Comments" about you and/or
any contents provided by you on the Website. The Comments may be
about any item or aspect including but not limited to your
photos, profile details, your tastes, your preferences, your
character, your perceived character, your behavior, your
perceived behavior and/or any other information, input and/or
posting provided by you on the Website. Your use of the Services
indicates your agreement to hold IntroMaestro.com harmless of
any responsibility and/or liability for any damages, whether
perceived or real, that the Comments posted on the Website
may cause. If you become aware of certain contents
including Comments that you believe are offensive or otherwise
unsuitable for appearing on the Website, please contact
IntroMaestro.com via the links provided on the Website. You
agree to accept any and all actions or lack thereof, taken by
IntroMaestro.com, without any further claims or actions by
you, regarding your notification to Intromaestro.com about
unsuitability of certain contents on the Website.
IntroMaestro.com reserves the right, in its sole discretion to
post, not to post, edit or remove Comments or any
other form of online posting and/or content, provided by Users
on the Website, at any time, for any or no reason, with or
without prior notice, and without liability.
IntroMaestro.com may provide services that facilitate exchange
of goods and/or services between Users. These services
include but are not limited to classified ads. The contents
presented in these ads are provided by the Users and without any
input from IntroMaestro.com. IntroMaestro.com does not review,
endorse or validate any of the goods and/or services offered by
Users through the Website. IntroMaestro.com assumes no
responsibility for the validity and/or accuracy of claims
provided by Users in connection with the goods and/or services
provided by Users through the Website. You agree to be
solely responsible for your interactions with Website Users
including but not limited to monetary exchanges for
goods/services. You further agree to be responsible for
any and all consequences that may arise as a result of your
interactions with Website Users, including but not limited to
monetary loss or any other kind of damages and or suffering.
Your use of the Services indicates your agreement to hold
IntroMaestro.com harmless of any responsibility and/or liability
for any damages, including but not limited to Monetary loss or
any other kind of damages and/or suffering arising from your
interactions with Website Users in connection with classified
ads or any other services offered by the Website.
IntroMaestro.com reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including email)
by you, or to restrict, suspend, or terminate your access to all
or any part of the Services at any time, for any or no reason,
with or without prior notice, and without liability.
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Eligibility. Use of and Membership in the
Services is void where prohibited. By using the Services,
you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are
18 years of age or older; and (d) your use of the 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 under 18 years
of age.
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Term. This Agreement shall remain in full
force and effect while you use the Services or are a Member.
You may terminate your Membership at any time, for any
reason, by following the instructions for on the website if
such instructions are provided or by contacting us via the
"Contact Us" form on the Website. IntroMaestro.com may terminate your Membership at any time,
without warning. Even after Membership is terminated, this
Agreement will remain in effect, including sections 5-15. IntroMaestro.com may keep, at its sole discretion, any or
all the information in your profile and your other postings
on the Website even after your Membership is terminated.
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Fees. You acknowledge that
IntroMaestro.com reserves the right to charge for the
Services and to change its fees from time to time. If IntroMaestro.com terminates your Membership because you
have breached the Agreement, you shall not be entitled to
the refund of any unused portion of subscription fees.
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Password. When you sign up to become a
Member, you will also be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of
your password. 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. You agree to notify
IntroMaestro.com immediately if you suspect any
unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your
account.
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Member Disputes. You are solely responsible
for your interactions with other
Website Members.
IntroMaestro.com reserves the right, but has no obligation,
to monitor disputes between you and other Members.
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Privacy. Use of the Services is also
governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
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Disclaimers.
IntroMaestro.com does not guarantee against complete or
partial data loss at anytime. Any and all Member data and
postings are subject to loss for any reason at any time.
IntroMaestro.com is not responsible or liable for such loss
of data regardless of the cause of the loss.
IntroMaestro.com is not responsible for correct functioning
of the Services on the Website or the correct functioning of
the software behind the Services and the Website.
IntroMaestro.com is not responsible for financial loss,
emotional damages, or any other kind of hardship caused by
User actions, interactions between Users, within or outside of the
Website, or caused by any other factor related to the
Services provided by the Website. Users assume all
responsibility for all actions, interactions and exchanges
between and towards each other, within or outside of the
Website, including but not limited to financial exchanges,
verbal or written commitments of any kind, verbal or written
comments about and to each other, bodily harm, harassment,
stalking, defamation, property damage or any other outcome
from actions or interactions between Users of the Website.
IntroMaestro.com is not responsible for any type of loss,
damage, physical or emotional stress, physical or emotional
discomfort, physical or emotional harm, or any other outcome
caused by User actions and/or interactions between Users.
IntroMaestro.com is not responsible for any incorrect or
inaccurate content posted on the Website or in connection
with the Services provided, whether caused by Users of the
Services or by any of the equipment or programming
associated with or utilized in the Services.
Profiles
created and posted by Members on IntroMaestro.com may contain links to other websites.
IntroMaestro.com is not responsible for the Content,
accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked
for accuracy or completeness by
IntroMaestro.com. Inclusion of any linked website on
IntroMaestro.com does not imply approval or endorsement of
the linked website by
IntroMaestro.com. When you access these third-party sites,
you do so at your own risk.
IntroMaestro.com takes no responsibility for third party
advertisements which are posted on this Website or through
the Services, nor does it take any responsibility for the
goods or services provided by its advertisers.
IntroMaestro.com is not responsible for the conduct,
whether online or offline, of any User of the Services.
IntroMaestro.com 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, any
User communication. IntroMaestro.com 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 any email or players due to
technical problems or traffic congestion on the Internet or
on any of the Services or combination thereof, including any
injury or damage to Users or to any person's computer
related to or resulting from participation or downloading
materials in connection with the Services.
Under no
circumstances shall IntroMaestro.com be responsible for any loss or damage,
including personal injury or death, resulting from use of
the Services, from any Content posted on or through the
Services, or from the conduct of any Users of the Services,
whether online or offline. The Services are provided "AS-IS"
and as available and
IntroMaestro.com expressly disclaims any warranty of
fitness for a particular purpose or non-infringement.
IntroMaestro.com cannot guarantee and does not promise any
specific results from use of the Services.
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Limitation on Liability. IN NO EVENT SHALL
INTROMAESTRO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF
INTROMAESTRO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN,
INTROMAESTRO.COM'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
INTROMAESTRO.COM FOR THE SERVICES DURING THE TERM OF
MEMBERSHIP.
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Non-commercial Use by Members. The Services
are for the personal use of Members only and may not be used
in connection with any commercial endeavors except those
that are specifically endorsed or approved by
IntroMaestro.com. Illegal and/or unauthorized use of the
Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing
of or linking to the Website is prohibited. Commercial
advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles without
notice and may result in termination of Membership
privileges. Appropriate legal action will be taken for any
illegal or unauthorized use of the Services.
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Proprietary Rights in Content on
IntroMaestro.com.
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By displaying or publishing ("posting") any Content,
messages, text, files, images, photos, video, sounds,
profiles, works of authorship, or any other materials
(collectively, "Content") on or through the Services,
you hereby grant to
IntroMaestro.com, a non-exclusive, fully-paid and
royalty-free, worldwide license (with the right to
sublicense through unlimited levels of sublicensees) to
use, copy, modify, adapt, translate, publicly perform,
publicly display, store, reproduce, transmit, and
distribute such Content on and through the Services.
This license will terminate at the time you remove such
Content from the Services. You represent and warrant
that: (i) you own the Content posted by you on or
through the Services or otherwise have the right to
grant the license set forth in this section, and (ii)
the posting of your Content on or through the Services
does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and
any other monies owing any person by reason of any
Content posted by you to or through the Services.
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The Services contain Content of
IntroMaestro.com ("
IntroMaestro.com Content").
IntroMaestro.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and
IntroMaestro.com owns and retains all rights in the
IntroMaestro.com Content and the Services.
IntroMaestro.com hereby grants you a limited,
revocable, non-sublicensable license to reproduce and
display the
IntroMaestro.com Content (excluding any software code)
solely for your personal use in connection with viewing
the Website and using the Services.
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The Services contain Content of Users and other
IntroMaestro.com licensors. Except for Content posted
by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or
sell any Content appearing on or through the Services.
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Content Posted.
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IntroMaestro.com may delete any Content that in the
sole judgment of
IntroMaestro.com violates this Agreement or which may
be offensive, illegal or violate the rights, harm, or
threaten the safety of any person.
IntroMaestro.com assumes no responsibility for
monitoring the Services for inappropriate Content or
conduct. If at any time
IntroMaestro.com chooses, in its sole discretion, to
monitor the Services,
IntroMaestro.com nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the
conduct of the User submitting any such Content.
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You are solely responsible for the Content that you post
on or through any of the Services, and any material or
information that you transmit to other Members and for
your interactions with other Users.
IntroMaestro.com does not endorse and has no control
over the Content. Content is not necessarily reviewed by
IntroMaestro.com prior to posting and does not
necessarily reflect the opinions or policies of
IntroMaestro.com.
IntroMaestro.com makes no warranties, express or
implied, as to the Content or to the accuracy and
reliability of the Content or any material or
information that you transmit to other Users.
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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 Services.
IntroMaestro.com reserves the right to investigate and take
appropriate legal action against anyone who, in
IntroMaestro.com's sole discretion, violates this
provision, including without limitation, removing the
offending communication from the Services and terminating
the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in the sole
discretion of
IntroMaestro.com:
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is patently offensive and promotes racism, bigotry,
hatred or physical harm of any kind against any group or
individual;
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harasses or advocates harassment of another person;
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exploits people in a sexual or violent manner;
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contains nudity, violence, or offensive subject matter;
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solicits personal information from anyone under 18;
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provides any telephone numbers, street addresses, last
names, of anyone including the member;
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Provides URLs or email addresses of anyone or any entity
other than the member;
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promotes information that you know is false or
misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or
libelous;
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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;
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involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant
messaging, "spimming," or "spamming";
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contains restricted or password only access pages or
hidden pages or images (those not linked to or from
another accessible page);
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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;
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solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
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involves commercial activities and/or sales without our
prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
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includes a photograph of another person that you have
posted without that person's consent.
The following is a partial list of the kind of activity
that is illegal or prohibited on the Website and through
your use of the Services.
IntroMaestro.com reserves the right to investigate and take
appropriate legal action against anyone who, in
IntroMaestro.com's sole discretion, violates this
provision, including without limitation, reporting you to
law enforcement authorities. Prohibited activity includes,
but is not limited to:
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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;
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advertising to, or solicitation of, any Member to buy or
sell any products or services through the 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 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,
IntroMaestro.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
IntroMaestro.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
Services, you acknowledge that you will have caused
substantial harm to
IntroMaestro.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
IntroMaestro.com $50 for each such unsolicited email or
other unsolicited communication you send through the
Services;
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covering or obscuring the banner advertisements on your
personal profile page, or any
IntroMaestro.com page via HTML/CSS or any other means;
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any automated use of the system, such as using scripts
to use the Services.
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interfering with, disrupting, or creating an undue
burden on the Services or the networks or services
connected to the Services;
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attempting to impersonate another Member or person;
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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;
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selling or otherwise transferring your profile;
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using any information obtained from the Services in
order to harass, abuse, or harm another person; or
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using the Services in a manner inconsistent with any and
all applicable laws and regulations.
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Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information
belonging to others without obtaining the prior written
consent of the owner of such proprietary rights. It is the
policy of
IntroMaestro.com to terminate Membership privileges of any
Member who repeatedly infringes the copyright rights of
others upon receipt of prompt notification to
IntroMaestro.com by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the
Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted
work that you claim has been infringed; (iii) a description
of where the material that you claim is infringing is
located on the Website; (iv) your address, telephone number,
and email address; (v) 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;
(vi) 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.
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Indemnity. You agree to indemnify and hold
IntroMaestro.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Services 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 and/or if any Content that you
post on the Website or through the Services causes IntroMaestro.com to be liable to another.
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Other. This Agreement is accepted upon your
use of the Website or any of the Services and is further
affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and
IntroMaestro.com regarding the use of the Services. The
failure of
IntroMaestro.com to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of
such right or provision. The section titles in this
Agreement are for convenience only and have no legal or
contractual effect.
This Agreement operates to the fullest extent permissible by
law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and
enforceability of any remaining provisions.
Please contact us via the "Contact Us" form on the Website with any questions
regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE. |