ACCEPTANCE OF TERMS
By accessing and using PEGIMANE Services, you accept and agree to be bound by the terms and provision of the Terms of Service.
DESCRIPTION OF SERVICES
PEGIMANE provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the " PEGIMANE Services"). You also understand and agree that the services may include advertisements and that these advertisements are necessary for PEGIMANE to provide the PEGIMANE Services. You also understand and agree that the services may include certain communications from PEGIMANE such as service announcements, administrative messages and newsletters, and that these communications are considered part of membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current services, including the release of new properties, shall be subject to the TOS. You understand and agree that the PEGIMANE Services is provided "AS-IS" and that PEGIMANE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the PEGIMANE Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access services. You understand that the technical processing and transmission of the PEGIMANE Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the PEGIMANE Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the PEGIMANE Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PEGIMANE as reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, has PEGIMANE the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). You must be aged 18 or over to use the Services
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify of any PEGIMANE unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PEGIMANE cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PEGIMANE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the PEGIMANE Services. PEGIMANE does not control the Content posted via the PEGIMANE Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PEGIMANE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the PEGIMANE Services. You agree to not use the PEGIMANE Services to:
You acknowledge that PEGIMANE may or may not pre-screen Content, but that PEGIMANE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the PEGIMANE Services. Without limiting the foregoing, and PEGIMANE its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PEGIMANE or submitted to, PEGIMANE including without limitation information in Yahoo Message Boards and in all other parts of the PEGIMANE Services.
You acknowledge, consent and agree that PEGIMANE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of, PEGIMANE its users and the public.
You understand that the PEGIMANE Services and software embodied within the PEGIMANE Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PEGIMANE and/or content providers who provide content to the PEGIMANE Services. You may not attempt to override or circumvent any of the usage rules embedded into the PEGIMANE Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the PEGIMANE Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON PEGIMANE NETWORK
When you register with, PEGIMANE you acknowledge that in using the PEGIMANE Services to send electronic communications (including but not limited to email, search queries, sending messages to PEGIMANE Chat or PEGIMANE Groups, uploading photos and files to, PEGIMANE and other Internet activities), you will be causing communications to be sent through PEGIMANE computer networks. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the PEGIMANE Services and transfer, posting and uploading of software, technology, and other technical data via the PEGIMANE Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations and sanctions control programs of the United States.
In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the PEGIMANE Services to export-prohibited parties or countries; (c) will not use the PEGIMANE Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the PEGIMANE Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PEGIMANE SERVICES
PEGIMANE does not claim ownership of Content you submit or make available for inclusion on the PEGIMANE Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the PEGIMANE Services, you grant PEGIMANE the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the PEGIMANE Services are those areas of the PEGIMANE network of properties that are intended by PEGIMANE to be available to the general public. By way of example, publicly accessible areas of the PEGIMANE Services would include PEGIMANE Message Boards and portions of PEGIMANE Groups that are open to both members and visitors. However, publicly accessible areas of the PEGIMANE Services would not include portions of PEGIMANE Groups that are limited to members, PEGIMANE services intended for private communication such as PEGIMANE Mail or Messenger, or areas off of the PEGIMANE network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by. PEGIMANE
CONTRIBUTIONS TO PEGIMANE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to PEGIMANE through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) PEGIMANE is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) PEGIMANE shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) PEGIMANE may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of PEGIMANE without any obligation of PEGIMANE to you; and (f) you are not entitled to any compensation or reimbursement of any kind from PEGIMANE under any circumstances.
You agree to indemnify and hold PEGIMANE and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the PEGIMANE Services, your use of the PEGIMANE Services, your connection to the PEGIMANE Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF PEGIMANE SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the PEGIMANE Services (including Content, advertisements, Software and your PEGIMANE ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PEGIMANE may establish general practices and limits concerning use of the PEGIMANE Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the PEGIMANE Services, the maximum number of messages that may be sent from or received by an account on the PEGIMANE Services, the maximum size of any email message that may be sent from or received by an account on the PEGIMANE Services, the maximum disk space that will be allotted on PEGIMANE servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the PEGIMANE Services in a given period of time. You agree that PEGIMANE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the PEGIMANE Services. You acknowledge that PEGIMANE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PEGIMANE reserves the right to modify these general practices and limits from time to time. PEGIMANE Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your PEGIMANE accounts located on PEGIMANE servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on PEGIMANE too. Your agreement to this TOS constitutes your consent to allow PEGIMANE to store these communications on its servers.
MODIFICATIONS TO PEGIMANE SERVICES
PEGIMANE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PEGIMANE Services (or any part thereof) with or without notice. You agree that \ PEGIMANE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PEGIMANE Services (or any part thereof).
You may terminate your PEGIMANE account, and access to the PEGIMANE Services by submitting such termination request to PEGIMANE. You agree that PEGIMANE may, without prior notice, immediately terminate, limit your access to or suspend your PEGIMANE account, any associated address, and access to the PEGIMANE Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the PEGIMANE Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the PEGIMANE Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in PEGIMANE sole discretion and that PEGIMANE shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the PEGIMANE Services. Termination of your PEGIMANE account includes any or all of the following: (a) removal of access to all or part of the offerings within the PEGIMANE Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the PEGIMANE Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PEGIMANE Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PEGIMANE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the PEGIMANE Services.
The PEGIMANE Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that PEGIMANE is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PEGIMANE 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 Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the PEGIMANE Services and any necessary software used in connection with the PEGIMANE Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the PEGIMANE Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by PEGIMANE or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the PEGIMANE Services, such Content or the Software, in whole or in part. PEGIMANE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the PEGIMANE Services. You agree not to access the PEGIMANE Services by any means other than through the interface that is provided by PEGIMANE for use in accessing the PEGIMANE Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEGIMANE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEGIMANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PEGIMANE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PEGIMANE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PEGIMANE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
PEGIMANE may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the PEGIMANE Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the PEGIMANE Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the PEGIMANE Services in an authorized manner.
You agree that all of PEGIMANE trademarks, trade names, service marks and other PEGIMANE logos and brand features, and product and service names are trademarks and the property of PEGIMANE. (the " PEGIMANE Marks"). Without PEGIMANE prior permission, you agree not to display or use in any manner the PEGIMANE Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PEGIMANE respects the intellectual property of others, and we ask our users to do the same. PEGIMANE may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 PEGIMANE Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
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;
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.
PEGIMANE Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
By phone: 1-800-869-1209
GENERAL INFORMATION: ENTIRE AGREEMENT
The TOS constitutes the entire agreement between you and PEGIMANE and governs your use of the PEGIMANE Services, superseding any prior version of this TOS between you and PEGIMANE with respect to the PEGIMANE Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PEGIMANE services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and PEGIMANE each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Delaware. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your PEGIMANE account is non-transferable and any rights to your PEGIMANE ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PEGIMANE Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. PEGIMANE may freely assign the TOS and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.