User Terms & Conditions/End-User License Agreement
LocalSinTM Social Networking Website and Mobile Software Client
Effective Date: 12.15.2009
Last Modified: 10.03.2010
You must read and agree to these Terms & Conditions / End-User License Agreement (“Agreement”) before you may use the above-referenced social networking website (hereinafter the “Site”) or downloading/using the associated mobile software client (hereinafter the “Software Client”). Please read these terms carefully, as they constitute a legal contract between you and our Company. By obtaining a membership to the Site (referenced below), or otherwise using or accessing the Site’s content, including use of the Software Client, you thereby agree to be bound by the following Terms & Conditions:
1. Preliminary Provisions:
1.1. Introduction – Thank you for your interest in LocalSinTM, a sexy social network providing opportunities to hookup using location-aware technology. LocalSinTM s a patent-pending mobile app that enables users to find people and places in their area through a multi-platform system consisting of a website, phone app for Android and iPhone, mobile WebApp and Facebook app. By viewing a map of their location, users can spot icons of who is around them and call, message, rank and use other features available.
1.2. Through this Agreement, we are placing legal conditions on your use of the Service and making certain promises to you. This Agreement is a legal contract between You and the Publisher (defined below). You should treat it as any other legal contract by reading its provisions carefully, as they will affect your legal rights. By accessing the Service in any manner, you are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to you. If you do not agree with all of the terms in this Agreement, you must cease all access and use of the Service and any other services provided by the Publisher.
1.3. Party Definitions – The operative parties referred to in this Agreement are defined as follows:
1.3.1. PinpointsX, LLC, is currently the publisher and operator of the website and service available at www.localsin.com (occasionally referred to as the “Site”).
Hereinafter, PinpointsX, LLC, shall be referred to as “Publisher”. When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to PinpointsX, LLC. Additionally, when the terms “The Site” or “Site” are used, these terms refer to any website published by Us, unless a website is specifically exempt from this Agreement.
1.3.2. “You,” the “User” – As the user of the Service, this Agreement will refer to the user as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the user of the site shall be referred to in applicable second-person pronouns. You certify that you are over 18 years of age, and competent to consent to contractual agreements.
1.3.3. User vs. Member – For the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing the Service in any way. You become a member by completing the membership form, and paying any applicable membership fees. Membership is contingent on approval and acceptance. You need not become a Member of the Site to make this Agreement apply to You.
1.4. Consideration – Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use the Service. You agree that such Consideration is both adequate, and that it is received upon your accessing any portion of the Publisher’s Site, downloading the Software Client, or otherwise using the Service in any way.
1.5. Electronic Signatures / Assent Required:
1.5.1. Nobody is authorized to access this Service unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). You manifest Your agreement to this Agreement by taking any act that demonstrates Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You have not yet done so, You must immediately click here to electronically sign this Agreement.
1.5.2. If You fail to sign this Agreement, You understand that You are an unauthorized User of the Service, despite any payments made or subscriptions sold to You. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Service. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay the Publisher $250 each time You access the Service as liquidated damages for unauthorized access and use, and You agree to pay all of our costs and expenses, including Attorneys’ fees and costs, incurred in collecting this unauthorized access fee from You.
1.6. If You are seeking information regarding any illegal activities, please discontinue use of this Service immediately. You acknowledge that you are aware of the community standards in Your community, and You will only access the content that is available through use of the Service if you believe that such content does not offend the community standards prevalent in Your community.
1.7. You agree not to use or access the Service if doing so would violate the laws of Your state, province, or country.
1.8. Revisions to this User Agreement:
1.8.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version of this Agreement supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect, unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
1.8.2. We agree that if We change anything in this Agreement, We will change the “Last Modified” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. You agree to periodically re-visit this web page and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “Last Modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “Last Modified” date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
1.8.3. Waiver – If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
1.9. Incorporations by reference:
Although this Agreement represents the primary terms and conditions of service for the PinpointsX, LLC Service, any additional guidelines and rules posted on the Site now or in the future are hereby incorporated by reference. The documents that are specifically incorporated by reference, and are therefore part and parcel of this Agreement, are the following:
· Our DMCA Notice & Takedown Policy
· Our Privacy Policy
1.10. Online Conduct – In order to continue to enjoy the privileges of being a User of the Service, You must follow the guidelines set forth in this Agreement. While you are free to conduct your affairs and social interactions as you see fit, in your private life, while participating in our Service as a registered User, You agree to conform your conduct as set forth in this Agreement, including specifically the restrictions set forth in this paragraph. As a registered User, You agree that, among other things, You will not: 1) attempt to obtain the personal contact information of another User without their consent; 2) use vulgar, harassing, obscene, privacy invading, or defamatory language; 3) do anything to disrupt the operation of the Service or network; 5) attempt to gain unauthorized access of the network to transmit “junk mail” or other mass electronic communications; 6) advertise or market any services or products; 7) post, upload or transmit false, misleading or illegal information or content to the Site; 8) take any action that violates the rights of third parties; or 9) make false statements or attempt to use financial or other information that You are not authorized to use. Your postings shall be accurate and may be posted and/or edited, in Our sole discretion, and should not contain vulgar or defamatory language, or “hate” speech. Additionally, as a condition of Your use of the Service, You represent and warrant to Us that You will not use the Service for any purpose that is unlawful, tortious, or prohibited by the applicable terms, conditions or notices of this Agreement. You may not use the Service in any manner that could damage, disable, overburden or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not attempt to obtain any materials or information through any means not intentionally made available or provided for through ordinary use of the Service. You may not access any non-public or restricted portion of the Site, or circumvent any security measures that We put in place. Any violation of these online conduct guidelines or terms and conditions will subject Your account to immediate termination without notice. You agree to indemnify, defend and hold harmless, the Publisher and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys’ fees) arising from or relating to Your use of the Service, and any material that You submit to or transmit through the Service, Your violation of this Agreement, Your infringement or violation of the rights of another, or termination of Your access to the Service.
2. Images and Content:
2.1. Our Site contains images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Website owned, operated, licensed, or controlled by the Publisher (collectively, “Materials” or “Content”).
2.2. You acknowledge and stipulate that all of the Materials are expressive content and are fully protected by the First Amendment to the United States Constitution.
2.3. You acknowledge and understand that some or all of the Materials may be erotic in nature – and that they may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by the Publisher and that You are not offended by such Materials, and that You access the Service freely, voluntarily, and willingly, and for Your own personal enjoyment. While We may choose to remove content that is identified as illegal, is stolen, or which violates Our policies, We do not edit, review, or change posts made by third parties prior to the information appearing online. Nothing contained in this paragraph is intended as a waiver or modification of any restrictions on the posting of sexually-oriented material elsewhere in this Agreement.
2.4. You understand that all of the information, data, text, images, audio, graphics, video, messages, or any other Content on the site, whether posted publicly or transmitted privately through Our messaging services, are the sole responsibility of the party from whom the content originated. This means that You are entirely responsible for any and all content that You upload, post, transmit, e-mail, message, or otherwise published via Our Services. We do not control the content posted by Users or other third parties on the user profiles, through the user messaging services, and as such We do not guarantee any accuracy, integrity, quality, or any other aspect of such user generated content. You agree that by using any portion of the Service covered by this Agreement, You very well may be exposed to content that You might find offensive, indecent, problematic, or otherwise objectionable. Under no circumstances will We accept liability in any way for any content posted by, uploaded by or transmitted by Our Users in any way at all.
2.5. You acknowledge that We are not responsible for the content of communications, statements, opinions, posting or other information placed on the Website by third parties, via any discussion board, forum, or public area of the Site. Such information is intended to be protected by the broad immunity provided by Section 230 of the Communications Decency Act (“CDA”), which immunizes this Website, and its agents and employees, from any claims relating to the content of information posted by third parties. Familiarize Yourself with the legal protections afforded to websites like Ours before asserting any claims. We aggressively defend any such claims, and will hold unsuccessful claimants financially responsible to the full extent of the law. We do not act as a censor of materials posted by our Users.
2.6. In the event that any court finds that any third-party communication or third-party content made available through use of the Service falls outside of the realm of Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by CDA § 230 for any and all other Content that is made available through use of the Service.
2.7. You acknowledge that We do not provide advice, screening, background checks, warranties, guarantees, or information about Members. All information about Members is provided by the Members themselves.
2.8. You acknowledge that We do not accept responsibility for any information provided by Our Members. You understand that Member-provided information may be inaccurate, false, or incomplete. By using the Service, You understand and accept that information presented in other Members’ profiles may be false, misleading, inaccurate, or incomplete, and that the Publisher has no responsibility or control over verifying Member-provided information.
2.9. You acknowledge that Your profile and geographic location may be utilized and displayed on other network sites and maps generated by the Publisher. You hereby consent to make Your profile and geographic location available on other network sites, in the discretion of the Publisher, without further notice. Users may opt out of this feature by accessing their account settings.
3. Access, Fees and User Status:
3.1. Access and limited license – All Users may access certain public areas of the Site. You understand that all We are selling You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet and/or a cellular network, and any fees that You incur to access our Services are Your sole responsibility. With the exception of the Software Client, We are not providing any hardware nor software to You – and You need to purchase or license all other necessary hardware and software to access the Service. This Agreement covers all public and non-public areas of the Site.
3.1.1. Subject to all of the terms of this Agreement and recognizing that and Our Services, the Publisher grants You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Publisher provides the Materials on this Site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said Service. Users of this Service are granted a single copy license to view Materials (on a single computer and a single mobile device only).
3.1.2. All Materials on the Site shall be for private, non-commercial use only, and all other uses are strictly prohibited. Publisher reserves the right to limit the amount of Materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials made available through use of the Service. Any unauthorized use of the Service or any of the Materials provided therein terminates this limited license effective immediately. This is a license to use and access the Service for its intended purpose and is not a transfer of title. You will not copy or redistribute any of the Content available through this Service. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or Materials You have downloaded, printed or otherwise obtained from this Service. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
3.2. Fees for Members and Types of Memberships – Our Members are provided Our Services by paying a monthly fee. Members are not billed per use, for as long as they remain in good standing. The following rates are for ease of reference. A more current list of Our rates and charges appears on the Site.
3.2.1. Basic Members – Those who sign up for a Basic Membership, are not charged a fee, but have limited membership privileges, yet are required to adhere to all membership responsibilities.
3.2.2. Premier Members – These Members have full membership rights as well as full membership responsibilities. The various packages available for Members are described here.
3.2.3. You understand that if You become a Premier Member, We employ an automatic rebill procedure in order to provide continuity of service and to diminish the possibility of an excessive a-la-carte access bill.
3.2.3.1. You understand that the requirements of Membership are greater than registration and simply paying the monthly fee (if you become a Premier Member). It is a condition of Membership that all of the information You provide during Your signup process, and in any other interaction with Us, shall be correct, current, truthful, and complete. If You provide any false, misleading, incomplete, or otherwise incorrect information to Us, Your Membership and Your Membership discounts will be immediately null and void – and You will be responsible for a-la-carte billing for all of Your access to Our Service.
3.2.3.2. We have the right to terminate Your Membership at any time, and will do so if We discover that You have provided Us with any information that is not current, truthful, and complete.
3.2.3.3. You may never transfer or sell Your Membership to a third party. Membership is a single-user license. You are not authorized to share any of Our Materials with any person who does not have their own membership. If You do so, both You and the unauthorized viewer/User are jointly and severally liable for any damages or liquidated damages or other fees that will be due if there is no Membership in place for the unauthorized User.
3.2.3.4. You acknowledge that We may automatically generate invitations to complete membership applications for our other partner or affiliated sites when you join the Site. However, You will not be charged for other memberships unless You affirmatively choose to complete the membership application and register for another website.
3.2.3.5. Membership fees are non-refundable, and You are responsible for any credit card charge backs, dishonored checks, and any related fees that We incur with respect to Your account. If You fail to reimburse Us for any credit card charge backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us $100 in additional liquidated damages for each fee incurred.
3.3. Past Due Payments – If We bill You for membership fees and You fail to pay Your account in full within thirty (30) days of the invoice date, You agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is higher, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees.
3.4. Billing Errors – If You believe that You have been erroneously billed, please notify Us immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by your credit card issuer. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
4. The Mobile Software Client:
4.1. Description – As part of the Service, Publisher provides a patent-pending, downloadable mobile software client that utilizes the location-aware features of a mobile device to make the Service available to You in more places and to make it easier to find and contact other Members in your area. To use the Software Client you must have a mobile device that is compatible with the Service. Publisher does not warrant that the Service will be compatible with your particular mobile device.
4.2. Software License – Publisher hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software Client as follows: You may use the Software Client for one Member account and on one mobile device owned or leased solely by You, for Your personal use.
4.2.1. Restrictions – You may not: (i) modify, disassemble, decompile or reverse engineer the Software Client, except to the extent that any such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software Client to any third party or use the Software Client to provide time sharing or similar services for any third party; (iii) make any copies of the Software Client; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software Client, features that prevent or restrict use or copying of any content accessible through the Software Client, or features that enforce limitations on use of the Software Client; or (v) delete the copyright and other proprietary rights notices on the Software Client.
4.2.2. Software Upgrades – You acknowledge that Publisher may from time to time issue upgraded versions of the Software Client, and may automatically electronically upgrade the version of the Software Client that you are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
4.2.3. Rights Reserved – The foregoing license grant under this Agreement is not a sale of the Software Client or any copy thereof, and Publisher or its third-party partners or suppliers retain all right, title, and interest in the Software Client (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Publisher reserves all rights not expressly granted under this Agreement.
4.3. Important Disclaimers:
4.3.1. The Service is intended only as personal, location-based service for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Service could lead directly to death, personal injury, or severe physical or property damage.
4.3.2. The Software Client is not suited or intended for family finding purposes, CHILD LOCATING, fleet tracking, or any other type of business or enterprise use – other products exist today that may be used specifically for these purposes.
4.3.3. Please Note that, while efforts are taken to block the Users’ numbers when placing calls through the Service, certain carriers, in certain areas, do not permit blocked calls, and thus the phone numbers of both the caller and the recipient may be visible on their respective telephone devices. privacy phone number services are available from third party vendors to address any such concerns.
4.4. Government End Users – If this Software Client is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Software Client by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
4.5. Export Control – The Software Client originates in the United States, and is subject to United States export laws and regulations. The Software Client may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software Client may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software Client and the Service.
5. Special Considerations Regarding Minors:
5.1. Age of Majority – In order to use the Services provided by the Publisher, You must have attained the age of majority in Your jurisdiction. You represent and warrant you are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must discontinue all use of the Service immediately and may not use or access the Site or print or download any Materials from the Service whatsoever.
5.1.1. You may be asked to verify Your birth date on the Birth Date Verifier(TM) form as a condition of entry onto the Site, pursuant to 28 U.S.C. § 1746. Accordingly, if You provided incorrect information on the Birth Date VerifierTM page, You committed an act of perjury, this perjury was recorded, and this perjury may be used against You in any court proceeding or other tribunal of any kind.
5.1.2. While we require that only adults may use the Service, We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age. Users must utilize their own efforts to confirm age before relying on any User’s age representation to the Site.
5.1.3. You represent and warrant that You will not allow any minor access to this Service. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer can be accessed by a minor, that You will take all precautions to keep our Materials from being viewed by, or Our Service accessed by, minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any inappropriate content from being displayed to Your children or wards.
5.2. We have a zero tolerance policy for child pornography and a zero tolerance policy regarding pedophiles or any pedophilic activity.
5.2.1. You understand that all depictions of all persons on this Site and in all Materials produced or published by the Publisher are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of our Materials.
5.2.2. If You seek any form of child pornography (including so-called “virtual” child pornography), you must discontinue use of this Service immediately. We do not provide this kind of material, and We do not tolerate those who provide this kind of material, nor do we tolerate consumers of this kind of material.
5.2.3. In order to further Our zero-tolerance policy, all Users agree that You will report any images, real or simulated, that appear to depict minors on our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing us at abuse@localsin.com;
5.2.4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
5.2.5. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If You suspect other outside Sites are participating in unlawful activities involving minors, please report them to http://www.asacp.org;
6. Restrictions On Use Of Our Service:
6.1. You agree that You will only use the Service for purposes expressly permitted and contemplated by this Agreement. You may not use the Service for any other purposes without Our express prior written consent.
6.2. Without Our express prior written authorization, You may not:
6.2.1. Duplicate any part of Our Site or any Materials made available through use of the Service (except as expressly provided elsewhere in this Agreement);
6.2.2. Create any derivative works based on our Sites or any of the Materials made available through use of the Service, and You agree and stipulate that any and all derivative works are NOT “fair use”;
6.2.3. Use our Site or any of the Materials made available through use of the Service for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
6.2.4. Re-distribute our Sites or any of the Materials made available through use of the Service, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
6.2.5. Remove any copyright or other proprietary notices from our Sites or any of the Materials made available through use of the Service;
6.2.6. Frame or utilize any framing techniques in connection with our Sites or any of the Materials made available through use of the Service;
6.2.7. Use any meta-tags or any other “hidden text” using our Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights, and You stipulate to liquidated damages of $5000 per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorneys’ fees and all associated costs.
6.2.8. “Deep-link” to any page of our Site (including the homepage), or avoid agreement to the Service’s Terms & Conditions; You may only link to the main entry page;
6.2.9. Circumvent any encryption or other security tools used anywhere in the Service (including the theft of User names and passwords or using another person’s User name and password in order to gain access to a restricted area of the Site);
6.2.10. Use any data mining, bots, or similar data gathering and extraction tools in connection with the Service;
6.2.11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
6.2.12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or
6.2.13. Bookmark any page of the Site beyond the registration log-in screen.
6.3. Unacceptable Conduct for Members – All Members agree to be bound by the following general policies in connection with the Member’s use of the Service:
6.3.1. No defamatory, obscene, child pornographic, harassing, illegal, or otherwise objectionable content may appear on any profile or chat board and such content is prohibited from Our internal messaging services as well.
6.3.2. Member shall have no content on the Member’s profile that promotes or facilitates illegal activity, or violates the rights of others such as copyright, trademark, other intellectual property infringement, right to privacy, right to publicity, or other similar rights.
6.3.3. Member shall not incorporate prohibited content in the Member’s profile. Prohibited content includes, but is not limited to: child pornography, incest, warez content, scatological content, death images, defecation, feces, urination, genital mutilation, underage teen modeling, actual or simulated rape, sexual violence, menstruation, obscenity, bestiality, threats of physical harm to persons or property, programs containing viruses, pirated software, wire fraud, drug trafficking, and/or violations of international export control laws. We reserve the right to review and/or reject any content created and/or posted by the User and We may delete any profiles without warning.
6.3.4. You shall not use the Service or any location information displayed within the Service to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users.
6.3.5. You shall not use the Service for any commercial or non-private use, it being understood that the Service is for personal, non-commercial use only.
6.3.6. You shall not fail to deliver payment for the Service.
6.3.7. You shall not make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
6.3.8. You shall not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Member accounts of other Users.
6.3.9. You shall not share Publisher-issued passwords or access to Your mobile device while the Software Client is running and accessible with any third party or encourage any other user to do so.
6.3.10. You shall not misrepresent the source, identity or content of information transmitted via the Service.
6.3.11. You shall not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service.
6.3.12. You shall not intentionally interfere with or damage operation of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
6.3.13. You shall not use the Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications.
6.3.14. You shall not use the Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Service could lead directly to death, personal injury, or severe physical or property damage.
6.3.15. You shall not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
6.3.16. You shall not use any robot, spider, scraper or other automated means to access the Service for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Service or modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
6.3.17. You shall not sell or transfer or allow another person to access Your account password, profile, or Member account.
6.4. Nudity and Sexually Explicit Content – Media (e.g., images, video) that is uploaded by You to the Service may contain tasteful nudity. However, any media that includes nudity must be marked as “Friends” access only using the security settings of the Service. Moreover, user profile media may not include any depictions of sexual activity (penetration, masturbation, oral sex, bestiality, S&M, etc). You accept sole responsibility for any consequences that result from Your sharing of profile media with other Users. Any media associated with Your profile that is available to all Users (i.e., media that is not marked “Friends” access only) may not contain depictions of nudity that is otherwise permitted in the Friends section. Users who violate this prohibition may receive a warning for the first violation, but then risk cancellation of their account for subsequent violations.
6.5. You agree to cooperate with the Publisher in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violates any United States or International laws, even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Publisher shall terminate all of Your rights under this Agreement.
6.6. Interference – Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Publisher’s Materials or any other Materials made available through use of the Service. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Service or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of $5000 plus any and all fees associated with recovery of these damages, including attorneys’ fees and costs.
7. Stipulated Liquidated Damages:
7.1. In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on a fair approximation of actual damages.
7.2. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $100 per occurrence. You specifically agree to pay this $100 in liquidated damages.
7.3. If We are required to enlist the assistance of an attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
8. Disclaimer of Warranty:
8.1. You expressly agree that use of the Services or any of the Materials contained therein is at Your own and sole risk. You also understand and agree that any Material and/or data downloaded or otherwise obtained through the use of the Service or any of the Materials contained therein is done at Your own discretion and risk and that You will be solely responsible for any damage to Your systems, including any computer or mobile device, or for any loss of data that results from the download of such Material and/or data. Some users may use the Services or access the Materials during a “beta” or test phase. Publisher does not warrant the functionality or fitness of the Services or Materials during any “beta” phase.
8.2. The Service and all Materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
8.3. Publisher makes no representations or warranties that the Service or any Materials contained therein will be uninterrupted, timely, secure, or error free; nor does Publisher make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any other Material made available through use of the Service.
8.4. You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Publisher does not assume any responsibility or risk for Your use of the Internet.
8.5. Publisher makes no warranty regarding any goods or services purchased or obtained through the Service or any transaction entered into through the Service and is not responsible for any use of confidential or private information by sellers or third parties.
8.6. Publisher may change any of the information found on the Service at any time without notice including this Agreement. Publisher makes no commitment to update the information found at this Site. Publisher makes no commitment to update the Materials.
8.7. The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.
9. Disclaimer and Indemnification:
9.1. The provision of any services which is in violation of any laws is strictly prohibited. If We determine that You or any user has provided or intends to purchase or provide any services in violation of any law, Your ability to use the Service will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any User providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for us should You violate any law.
9.2. You also agree to defend and indemnify Us should any third party be harmed by Your illegal actions or should We be obligated to defend any claims including, without limitation, any criminal action brought by any party.
9.3. Our Service contains Material that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease all use of the Service should You find it offensive.
9.4. You agree to defend, indemnify, and hold harmless the Publisher, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person’s authority, including without limitation governmental agencies’ authority, use, misuse, or inability to use the Service or any of the Materials contained therein, or Your breach of any of this Agreement. Publisher shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel, but are not obligated to do so.
9.5. This Service is for Amusement Purposes, only.
9.5.1. You understand and accept that our site, while built in the form of a personals service, is an entertainment service. All profiles are provided for the amusement and entertainment of our Members and our Users. You are not guaranteed that You will find a date, a companion, or an activity partner, or that you will meet any of our Members in person.
9.5.2. X Peeps(TM) Communications – You understand, acknowledge, and agree that some of the User profiles posted on the Site may be fictitious, and are associated with Our “X Peeps(TM)”, (“XP’s”). Our XP’s work for the Publisher in an effort to stimulate conversation with Users, in order to encourage further and broader participation in all of Our Services, including the posting of additional information and/or pictures to the Users’ profiles. The XP’s also serve to proactively monitor User activities and communications to ensure compliance with Our Terms and Conditions. You understand, acknowledge, and agree that the information, text, and pictures contained in the XP’s profiles do not pertain to any actual person, but are included for entertainment purposes only. Nothing contained in any XP’s profile is intended to describe or resemble any real person – living or dead. Any similarity between XP’s User profile descriptions and any person is purely coincidental. Please also note that a single XP may be associated with more than one (1) profile on our Site.
You further understand, acknowledge, and agree that, from time-to-time, XP’s may contact both free Users and paid Members via computer-generated Instant Messages or e-mails for purposes of encouraging further or broader participation in Our Service and/or to monitor User activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from XP’s will contain the uniform designation “XP” to notify the user that a message has been received from an XP. In the event the User responds to an XP message, either via e-mail or Instant Message, the User may receive one or more additional personal or form responses from the XP. You understand, acknowledge, and agree that no physical meeting will ever take place between you and our XP’s, and that the exchange of messages between you and an XP is for entertainment purposes, as well as to encourage further or broader participation in Our Service and/or to monitor User activities. Notwithstanding the above, the User is not guaranteed a response to any message sent to an XP (or any other User).
We reserve the right to utilize XP’s in connection with other features of Our Service, either now existing, or to be developed in the future (e.g., Hotlists, Friend Invites, etc.). You understand, acknowledge, and agree that any involvement or communication with XP’s shall be subject to the conditions, limitations, and acknowledgements contained in this Section and elsewhere in this Agreement.
Nothing contained in this Section shall create any right to, or expectation of, interaction between users and XP’s. Any question regarding XP participation on our Service should be directed to our Customer Service Department.
9.5.3. You understand and accept that when You attempt to contact other Users, these Users may find amusement in your profile or communications. You understand and accept that no communications between You and other Users is private, even if the Member profile to which You respond is created by Us. You hereby release Us and all other Members of the Service from any liability for invasion of privacy, defamation, false light, and related torts, in the event that Your communications or profile are made public – even if they are made public for the sole purpose of amusing others at your expense.
9.5.4. License To Use Your Information – With the exception of personal financial and billing information, You hereby grant to Publisher the perpetual, unlimited, royalty-free, world-wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this Service, or which is sent to Us by e-mail, file transfer, or other correspondence, for any purpose whatsoever. We shall not be subject to any obligations of confidentiality regarding any such information, unless specifically agreed by Us in writing or required by law. You acknowledge that We have the right to include Your profile on Our partner or affiliated websites, automatically, without any effort on Your behalf. This will result in Your profile receiving exposure on many more adult dating websites. If You prefer to limit the availability of Your profile exclusively to the Service you originally joined, You may do so by adjusting Your profile settings. We shall not be obliged to delete any such information from the Service. Should You choose the option listed on the Service as “Remove my profile” (“Remove”), Your profile will be removed from public view, but will not be deleted from the Site. Once You have selected the “Remove” option, parts of Your profile may remain viewable by those Members who have contacted You or been contacted by You via the Service’s internal e-mail or instant messaging systems. You represent and warrant that You have the right to grant the license set out above. You further agree that We may use Your contact information for the purposes of sending or transmitting to You, information or promotional material relating to the Service, Our partner/affiliate sites, or third-party sites.
9.5.4.1. By uploading any photographs, video clips or other media depicting Yourself (or others), You hereby swear under the penalties of perjury that You own or control all intellectual property rights with respect to the uploaded photographs, and maintain any and all age records required by state or federal law, and,
9.5.4.2. You hereby irrevocably grant a non-exclusive right and license to Us to:
9.5.4.2.1. Reproduce, transmit, communicate, display, or distribute Your submitted photographs, on or as part of Our Service, on other internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
9.5.4.2.2. Reproduce Your submitted photographs in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links);
9.5.4.2.3. Adapt, modify, or alter Your photographs or otherwise create derivative works based upon Your photographs; and
9.5.4.2.4. For all other reasonable promotional or commercial uses, either as part of the operation of Our Service, or as a promotion or operation of any derivative or related businesses.
9.6. The Publisher does not pre-approve any of its Members or Users, prior to their use of the Service. It is Your responsibility to properly investigate the background, personality, criminal history, financial condition, or any other relevant factor affecting Your potential compatibility with any other Member or User, prior to communicating with, or meeting such person. Most importantly, USE COMMON SENSE! Do not provide any personal information to individuals who can misuse that information to Your detriment. While the Publisher provides a venue for the exchange of information, ideas and emotion, it does not act as a guarantor of the accuracy of such information, and all Users/Members are encouraged to approach the veracity of any communications occurring on the Service with a healthy skepticism.
9.7. In light of the above, You hereby discharge, acquit, and otherwise release the Publisher, its parent company, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Service including, but not limited to claims relating to the following:
9.7.1. Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Invasion of Privacy, Sexual Battery, Lewd or Lascivious Behavior, Violation of the Right of Publicity, Copyright or Trademark Infringement, Misrepresentation or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Site, including but not limited to fraud, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
9.7.2. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the parties to be interpreted broadly in favor of the Publisher, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
10. Limitation of Liability:
10.1. In no event shall Publisher (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Service or any of the Materials contained therein, even if Publisher has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Publisher has been advised of the possibility of such damages.
10.2. In no event shall Publisher’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of the Service for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
11. Links and Linking:
11.1. Some websites which are linked to the Site are owned and operated by third parties. Because the Publisher has no control over such websites and resources, You acknowledge and agree that Publisher is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
11.2. You further acknowledge and agree that Publisher 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 third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, you do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
11.3. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Site’s User Agreement, Spam Policy, Affiliate Agreement, or Privacy Policy, which (if posted to the Site) are incorporated into this Agreement by reference.
11.4. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the Publisher of such websites or the content, products, advertising, or other materials presented on such websites, but are for Your convenience.
11.5. All Users do hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site. The Publisher reserves the right to terminate any link or linking program at anytime.
12. Trademark & Patent Information:
12.1. Publisher’s name and the aforementioned name of the Site are service marks and/or trademarks of the Service. The name of the Service and the corporate name of the Publisher are considered trademarks owned by the Publisher. Some or all trademarks and service marks have been registered with appropriate governmental agencies. We aggressively defend our intellectual property rights.
12.2. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used in commerce without the express written consent of the owners and/or holders of such trademarks and service marks.
12.3. All of the marks, logos, domains, and trademarks that You find on the Site may not be used in commerce except with express written permission from Publisher, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
12.4. The LocalSinTM business model was invented by the Publisher, and is subject to a currently pending patent application in the United States Patent & Trademark Office. The Publisher will aggressively prosecute any violations of its intellectual property rights.
13. Copyright Information:
13.1. The Materials accessible through use of the Service, and any other World Wide Website owned, operated, licensed, or controlled by Publisher, are the Publisher’s proprietary information and valuable intellectual property, and We retain all right, title, and interest in the Materials. The Site and its software may be registered with the United States Copyright Office. The Publisher owns a common law copyright in its Site, Software Client and materials, irrespective of any copyright registration.
13.2. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, except that You may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright notice, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
13.3. Modification or use of the Content except as expressly provided in this Agreement violates the Publisher’s intellectual property rights.
13.4. Neither title nor intellectual property rights are transferred to You by access of the Service.
13.5. All Materials available through use of the Service, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Publisher or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Publisher or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations. © PinpointsX, LLC (2008-09), all rights reserved.
14. Notice of Claimed Infringement:
14.1. The Publisher respects the intellectual property of others, and We ask Our Users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. 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 Publisher’s Designated Copyright Agent the following information:
14.1.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
14.1.2. A description of the copyrighted work or other intellectual property that You claim has been infringed;
14.1.3. A description of where the material that You claim is infringing is located on the Site;
14.1.4. Your address, telephone number, and e-mail address;
14.1.5. 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; and
14.1.6. 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.
14.2. You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
Weston, Garrou, Walters & Mooney
781 Douglas Avenue
Altamonte Springs, FL 32714
Notice@DMCANotice.com;
Please do not send other inquires or information to our Designated Agent.
Routine customer service inquiries should be sent to: support@localsin.com;
15. Notice and Takedown Procedures:
The Publisher implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement:
15.1. The Publisher reserves the right at any time to disable access to, or remove any Material or activity accessible on or from the Service or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
15.2. It is the firm policy of the Publisher to terminate the account of repeat copyright infringers, when appropriate, and the Publisher will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. § 512 of the Digital Millennium Copyright Act (“DMCA”). The Publisher’s DMCA Notice Procedures are set forth in the preceding section. If the notice does not comply with Section 13 of this Agreement and § 512 of the DMCA, but does comply with the requirements for identifying Material that is infringing according to § 512 of the DMCA, the Publisher shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements.
15.3. When the Designated Agent receives a valid notice, the Publisher will expeditiously remove and/or disable access to the infringing Material and shall notify the affected User. Then, the affected User may submit a counter-notification to the Designated Agent, containing a statement made under penalty of perjury that the User has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, Publisher will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification, unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
16. Export Control:
16.1. You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials, contrary to United States’ or international law, is prohibited.
16.2. You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
16.3. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations.
16.4. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
17. No Agency Relationship:
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
18. Notice:
18.1. Any notice required to be given under this Agreement may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier, such as Federal Express or Airborne. Notices by customers to Publisher shall be given by electronic messages unless otherwise specified in this Agreement.
18.2. Change of Address – Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of this Agreement.
18.3. When Notice is Effective – Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by e-mail and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement, provided that confirmations are delivered one (1) hour after transmission if sent during the recipient's business hours, or at 9:00 a.m. (recipient’s time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy hereunder.
18.4. Refused, Unclaimed, or Undeliverable Notice – Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, e-mail server, or overnight delivery service.
19. Communications Not Private:
Publisher does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Publisher shall be deemed to be readily accessible to the general public. Visitors should not use this Service to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the agents and operators of this Service, regardless of whether they are the intended recipients of such messages.
20. Force Majeure:
Publisher shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the Service’s performance.
21. Jurisdiction/Disputes:
21.1. Governing Law – This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Israel, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes, must be, without exception, brought to court and litigated in Tel-Aviv, Israel.
21.1.1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Tel-Aviv, Israel.
21.1.2. The parties agree to exclusive jurisdiction in, and only in Tel-Aviv, Israel..
21.1.3. The parties agree to exclusive venue in, and only in, Tel-Aviv, Israel.
21.1.4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
21.1.5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this section or with respect to any dispute under this Agreement whatsoever.
21.1.6. All parties stipulate that the state and federal courts located in Tel-Aviv, Israel. shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
21.1.7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
21.1.8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
21.2. Right to Injunctive Relief – Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
22. Miscellaneous Provisions:
22.1. Attorneys’ Fees – In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, each party shall be responsible for any attorneys fees incurred in such litigation or arbitration.
22.2. Assignment – The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
22.3. Severability – If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this User Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this User Agreement will continue in full force and effect.
22.4. Complaints; California Residents – The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
22.5. No Waiver – No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
22.6. Headings – All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
22.7. Complete Agreement – This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Service and the Materials made available through use of the Service, and Your Membership with the Site, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
22.8. Other Jurisdictions – Publisher makes no representation that the Service or any of the Materials made available through use of the Service are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Service from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
Any and all questions regarding these Terms and Conditions should be submitted to: support@localsin.com
Prepared by: Lawrence G. Walters, Esq., Weston, Garrou, Walters & Mooney,www.FirstAmendment.com © (2009), all rights reserved.