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themegreen.com
Terms of Use
Agreement
Welcome to themegreen.com, the service for adults
to meet each other online operated by One Shot
Productions ("themegreen.com"). By using the
themegreen.com 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 themegreen.com 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
themegreen.com from time to time, such modifications to
be effective upon posting by themegreen.com on the
Website. This Agreement includes themegreen.com's
Acceptable Use Policy for Content Posted on the Website,
themegreen.com's Privacy Policy, and any notices
regarding the Website. You may also receive a copy of this
Agreement by emailing us at: info@themegreen.com,
Subject: Terms of Use Agreement.
1. Eligibility.
You must be eighteen or over to register as a member of
themegreen.com 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 by following the instructions on the
Resign pages in Account Settings, or upon receipt by
themegreen.com of your written or email notice of
termination. themegreen.com 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 themegreen.com. If
themegreen.com 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 themegreen.com.
themegreen.com
owns and retains all proprietary rights in the Website and
the Service. The Website contains the copyrighted
material, trademarks, and other proprietary information of
themegreen.com, 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
themegreen.com may review and delete any content,
messages, themegreen.com Messenger messages,
photos or profiles (collectively, "Content") that in the
sole judgment of themegreen.com violate this
Agreement or which might be offensive, illegal, 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 themegreen.com,
you automatically grant, and you represent and warrant
that you have the right to grant, to themegreen.com
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.
themegreen.com 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 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.
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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 or junk email to other
Members. Although themegreen.com 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,
themegreen.com reserves the right to restrict the
number of emails which a Member may send to other
Members in any 24-hour period to a number which
themegreen.com deems appropriate in its sole
discretion.
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 our
Copyright Agent 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. themegreen.com's Copyright Agent for
notice of claims of copyright infringement can be
reached as follows: General Counsel,
themegreen.com
7.
Subscription.
If you sign up for multiple subscriptions to
themegreen.com, you will be limited to only one
instance of themegreen.com Messenger, regardless
of the number of subscribing accounts you may have
with us.
8. Member Disputes.
You are solely responsible for your interactions with
other themegreen.com Members. themegreen.com,
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.
themegreen.com 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. themegreen.com is not responsible for
the conduct, whether online or offline, of any user of
the Website or Member of the Service. themegreen.com
assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration
of, user or Member communications. themegreen.com
is not responsible for any problems or technical
malfunction of any telephone network or lines,
computer online systems, servers or providers,
computer equipment, software, failure of email or
players 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 themegreen.com 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
themegreen.com expressly disclaims any warranty of
fitness for a particular purpose or non-infringement.
themegreen.com cannot guarantee and does not
promise any specific results from use of the Website
and/or the Service.
11. Limitation on Liability.
Except in jurisdictions where such
provisions are restricted, in no event will
themegreen.com 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 themegreen.com has
been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained
herein, themegreen.com's liability to you for
any cause whatsoever, and regardless of the form of
the action, will at all times be limited to the amount
paid, if any, by you to themegreen.com 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
Canada in the Province of British Columbia without
regard to its conflict of law provisions. You agree to
personal jurisdiction by and venue in the provincial
and federal courts of the Province of British
Columbia, the City of Vancouver.
14. Indemnity.
You agree to indemnify and hold
themegreen.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any
third party due to or arising out of your use of the
Service 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.
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
themegreen.com 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.
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