Terms of Service | Terms of Service |
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This Terms of Use Agreement ("Agreement") is a legally binding agreement between Argolinx and you, the member ("Member"), regarding your use of the Argolinx.com Website and any services, features, contents or applications offered at the Argolinx.com domain (the "Website"). 1. Use and TerminationYou must be 18 years of age or older to register as a Member. If you are under the age of 18, you are not allowed to register and become a Member of or access the Website. By registering as a Member, you represent and warrant that you are 18 years of age or older. If we believe that you are less than 18 years of age, or anyone has or is using your account is under 18, your profile may be deleted and your Membership may be terminated without warning and without refund of membership and services fees. Do not share your account, the account owner is solely responsible for all usage of their account, regardless of user. The Member understands and agrees to make a good faith effort to follow the directions of Argolinx in the use of the Website, including but not limited to actively using the Website. Argolinx reserves the right, in its sole discretion, to terminate your membership effective immediately for any reason, with or without notice. You may terminate your membership at any time for any reason by giving Argolinx written notice by email of such intent. Members are automatically removed from the active member list after 3 months of inactivity. Argolinx.com may modify this Agreement from time to time and such modification shall be effective upon posting by Argolinx.com on the Argolinx Website. You agree to be bound to any changes to this Agreement when you use the Argolinx Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.2. Proprietary RightsThe Website uses and contains proprietary intellectual property rights owned by or licensed by Argolinx. Use of the Website shall not be construed as giving you any rights or license to such intellectual property rights except for information in the public domain. With regard to any assistance you may give in the improvement or development of the Website, including but not limited to any ideas, designs, plans or know-how, you agree to grant Argolinx a perpetual, worldwide, fully paid-up, irrevocable, transferable license to use and sublicense the intellectual property contained in such assistance.3. Member ConductYou agree that you will not upload, distribute or reproduce on the Website:You further agree that
4. Member Content Posted On The WebsiteYou are solely responsible for the content that you publish or display on Website, or transmit to other Members (collectively the "Member Content"). You agree that Argolinx may and will review and delete or remove any Member Content that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. Argolinx assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. By posting Member Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant to Argolinx an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide license (with the right to sublicense) to use, copy, perform, edit, add to, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. This license will terminate at the time you remove such Member Content from the Website. All posted and uploaded content of any kind remain the property of the member who submitted said content. Argolinx acts as the Online Service Provider as set force on the terms of the DMCA and OCILLA copyright acts. Argolinx does not pre-approve member content and may not be aware of copyright infringement until notified. On notification, Argolinx claims Safe Harbor and will follow procedures set forth per the terms of the DMCA and OCILLA copyright acts.Copyright Infringement Notification see number 6 Please choose carefully the information you post on Argolinx.com and that you provide to other Users. Your Argolinx.com profile 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 Argolinx.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Argolinx.com assumes no responsibility or liability for this material. If you become aware of misuse of the Argolinx Services by any person, please contact Argolinx or click on the "Report" link at the bottom of any Argolinx.com page. 5. Links to Other WebsitesThe Website contains links to other Websites. Argolinx is not responsible for the content, accuracy or opinions express in such Websites, and such Websites are pre-approved or checked for accuracy or completeness by Argolinx. Inclusion of any linked Website on or through the Website does not imply approval or endorsement of the linked Website by Argolinx. Website links found to be in violation with our terms of service (any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, etc.) may be deleted. If you decide to leave the Argolinx Website and access these third-party sites, you do so at your own risk.6. Copyright Infringement Notification
Argolinx Copyright AgentThe license you grant to Argolinx.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Argolinx.com), fully-paid and royalty-free (meaning that Argolinx.com is not required to pay you for the use of the Content that you post), sub licensable (so that Argolinx.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide and distribute Argolinx Member Content), and worldwide (because the Internet and Argolinx.com is global in reach). This license will terminate at the time you remove your Content from the Argolinx Website. The license does not grant Argolinx.com the right to sell your Content. The license grants Argolinx.com the right to distribute your Content outside of the Argolinx Website, via search engine indexing, RSS feeds and copied links. You, the user, 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 Argolinx.com Website. The Argolinx.com Website contains Content of Users and other Argolinx.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 Argolinx.com Website. 7. DisclaimerArgolinx has the right, in its sole discretion, to remove or restrict access to any material uploaded by a Member which it views as violating the terms of this Agreement or inconsistent with the policy of Argolinx.com. Notwithstanding such right, Argolinx.com is not liable for any material uploaded by a Member, including but not limited to the accuracy of the material or the conduct of a Member either within theWebsite or offline. The Website is provided "AS IS" and Argolinx does not guarantee the functionality of the Website or a particular result from the use of the Website. You acknowledge and agree that Argolinx is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against the Website from third parties, any technical malfunction at any point in the provision of the service of the Website or force majeure. Argolinx expressly disclaims any responsibility for loss or damage, including personal injury or death, resulting from the use of the Website or from any content posted on the Website or any interactions among Members, whether online or offline. Argolinx EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 8. Limitation of LiabilityArgolinx SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF THE Website OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, Argolinx LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO Argolinx (excluding 3rd party vendor's) FOR THE SERVICES OF THE WEBSITE DURING THE TERM OF MEMBERSHIP.9. IndemnityYou agree to indemnify and hold harmless Argolinx, its officers, directors, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys' fees, made by any third party due to or arising from your use of the Website, any content that you upload, your use of content on the Website, your violation of this Agreement or your violation of any third-party rights.You agree to indemnify and hold Argolinx.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 Argolinx Website 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 Argolinx Website or through the Argolinx Services causes Argolinx.com to be liable to another. 10. Privacy PolicyClick here to read the Argolinx privacy policy.11. DisputesThis Agreement and any disputes arising from this Agreement or use of the Website shall be governed by the laws of the State of Connecticut without reference to its provisions on conflict of laws. Any dispute relating in any way to the Website (including your visit to or use of the Website) shall be submitted to confidential arbitration in Waterbury, Connecticut, except that, to the extent you have in any manner violated or threaten to violate proprietary or intellectual property rights of Argolinx or any of its affiliates, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Connecticut. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.Member Disputes. You are solely responsible for your interactions with other Argolinx.com Members. Argolinx.com reserves the right, but has no obligation, to monitor disputes between you and other Members. 12. MiscellaneousThis Agreement together with the Privacy Policy contains the entire agreement between Argolinx and you concerning the subject matter hereof. The failure of Argolinx to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms.This Agreement is accepted upon your use of the Argolinx Website or any of the Argolinx Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Argolinx.com regarding the use of the Argolinx Services. The failure of Argolinx.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. Argolinx.com is a trademark of Argolinx, Inc. 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. Argolinx.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Argolinx Website at any time, for any or no reason, with or without prior notice, and without liability or refund of any fees. Fees. You acknowledge that Argolinx.com reserves the right to charge for the Argolinx Services and to change its fees from time to time at its discretion. If Argolinx.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any fees.
Passwords. 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 Argolinx.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. |