By using the Seekingfun Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the Seekingfun service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Seekingfun from time to time, such modifications to be effective upon posting by Seekingfun on the Website. This Agreement includes Seekingfun's Acceptable Use Policy for Content Posted on the Website, Seekingfun's Privacy Policy, and any notices regarding the Website. Your membership in the Seekingfun service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. We may Add or Change any fees or charges for using the Site. You may also receive a copy of this Agreement by emailing us at: support@Seekingfun.com.
REGISTRATION. To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration forms ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site. We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms. You will not impersonate any person or entity. You will not "stalk" or otherwise harass any person. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. You will not post, distribute or reproduce in any way any material, content, code, copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Site. You will not interfere with or disrupt the Services or the Site or the servers or networks Connected to the Services or the Site. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not "frame" or "mirror" any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Seekingfun or the Service or the Site in order to direct any person to any other Web site for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
1. Eligibility.
You must be eighteen (18 years old) or over to register as a member of Seekingfun
or use the Website. Membership in the Service is void where prohibited. By using
the Website, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of the terms and conditions
of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the
Website and/or are a Member. You may terminate your membership at any time for
any reason, or for any reason by sending Seekingfun a written or email notice
of termination. Seekingfun may terminate your membership for any reason, effective
upon sending notice to you at the email address you provide in your application
for membership, or such other email address as you may later provide to Seekingfun.
If Seekingfun terminates your membership in the Service because you have breached
the Agreement, you will not be entitled to any refund of unused subscription
fees. Even after membership is terminated, this Agreement will remain in effect.
Even after this Agreement is terminated, certain provisions will remain in effect,
including sections 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. The Website is for the personal use of individual
Members only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should
not use the Service or the Website for any purpose. Illegal and/or unauthorized
uses of the Website, including collecting usernames and/or email addresses of
members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website will be investigated,
and appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
4. Proprietary Rights in Content on Seekingfun. Seekingfun owns and retains
all proprietary rights in the Website and the Service. The Website contains
the copyrighted material, trademarks, and other proprietary information of Seekingfun,
and its licensors. Except for that information which is in the public domain
or for which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5. Content Posted on the Site.
a. You understand and agree that Seekingfun may review, edit and delete any
content, messages, teases, photos or profiles (collectively, "Content")
that in the sole judgment of Seekingfun violate this Agreement or which might
be offensive, illegal, incomplete, inacurate, or that might violate the rights,
harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members.
c. By posting Content to any public area of Seekingfun, you automatically grant,
and you represent and warrant that you have the right to grant, to Seekingfun
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and content,
and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. Seekingfun reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. It includes
Content that:
· is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
· harasses or advocates harassment of another person;
· involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
· promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
· promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
· contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
· provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under 18;
· provides instructional information about any illegal activities such
as making or buying illegal weapons, violating someone’s privacy, or providing
or creating computer viruses;
· solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
· engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use
the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members to
buy or sell any products or services through the Service. You may not transmit
any chain letters, mass email, spam or junk email to other Members. Although
Seekingfun cannot monitor the conduct of its Members off the Website, it is
also a violation of these rules to use any information obtained from the Service
in order to harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any Member without their prior explicit consent. In
order to protect our Members from such advertising or solicitation, Seekingfun
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 Seekingfun deems appropriate
in its sole discretion at any time.
6. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service in a
way that constitutes copyright infringement, please provide us with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Website; your address, telephone
number, and email address; a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. Contact support@seekingfun.com
to get more information on submitting this information.
7. Subscription. Each individual may sign up for only one membership account
of Seekingfun.com. Additional memberships if found may be de-activited, and
may result in the prohibition of further use of the Website.
8. Member Disputes. You are solely responsible for your interactions with other
Seekingfun Members. Seekingfun, Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
9. Privacy. Use of the Website and/or the Service is also governed by our Privacy
Policy.
10. Disclaimers. Seekingfun is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service, whether caused
by users of the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. Seekingfun is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
Seekingfun assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user or Member
communications. Seekingfun 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 email or content on account
of technical problems or traffic congestion on the Internet or at any Website
or combination thereof, including injury or damage to users and/or Members or
to any other person's computer related to or resulting from participating or
downloading materials in connection with the Web and/or in connection with the
Service. Under no circumstances will Seekingfun be responsible for any loss
or damage, including personal injury or death, resulting from anyone's use of
the Website or the Service, any Content posted on the Website or transmitted
to Members, or any interactions between users of the Website, whether online
or offline. The Website and the Service are provided "AS-IS" and Seekingfun
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Seekingfun cannot guarantee and does not promise any specific results from use
of the Website and/or the Service. Seekingfun does not commit to providing this
service for any period of time, and may cancel or suspend service at any time
for any reason.
11. Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will Seekingfun be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Web site or
the Service, even if Seekingfun has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein, Seekingfun’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 Seekingfun
for the Service during the term of membership.
12. U.S. Export Controls. Software from this Website (the “Software”)
is further subject to United States export controls. No Software may be downloaded
from the Website or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
13. Disputes. If there is any dispute about or involving the Website and/or
the Service, by using the Website, you agree that the dispute will be governed
by the laws of the State of Illinois without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal courts
of the State of Illinois.
14. Indemnity. You will defend, indemnify, and hold harmless Seekingfun, its
officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to
or arising out of your use of the Seekingfun service, including: (i) your breach
of this Agreement; (ii) any allegation that any materials that you submit to
us or transmit to the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third party;
and/or (iii) your activities in connection with the Site. This indemnity shall
be applicable without regard to the negligence of any party, including any indemnified
person. The personal information (including sensitive personal information)
you provide to us will be stored on computer. You consent to us using this information
to build up a profile of interests, preferences and browsing patterns and to
allow you to participate in the Seekingfun Service. All Members also agree to
uphold and maintain our Privacy Policy and to the terms and conditions thereof.
You may read a full description of our Privacy Policy here In addition, Seekingfun
disclaims all liability, regardless of the form of action, for the acts or omissions
of other Members or users (including unauthorized users, or "hackers")
of the Service.
15. Other. This Agreement, accepted upon use of the Website and further affirmed
by becoming a Member of the Service, contains the entire agreement between you
and Seekingfun regarding the use of the Website and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect.
Please contact us with any questions regarding this agreement. I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. This document
was updated on September 1, 2003.