| WorldLounge Terms of Use Agreement |
Welcome to WorldLounge, the service
for people to meet people of their own nationality. In order to use the
WorldLounge Site ("Site"), you must register as a member of the Site
("Member") and agree to be bound by these Terms of Use (“Agreement”). If you
wish to become a Member and communicate with other Members and make use of
the WorldLounge service (“Service”), read these Terms of Use and follow the
instructions in the registration process. This Agreement sets out the
legally binding terms for your membership. This Agreement may be modified by
WorldLounge from time to time, effective upon notice to you as a Member.
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| 1. |
Description of
Service. WorldLounge currently provides users with access to a rich
collection of on-line resources. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release
of new WorldLounge properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that WorldLounge assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
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| 2. |
Term. This Agreement will
remain in full force and effect while you use the Site and/or are a Member
of WorldLounge. You may terminate your membership at any time, for any
reason by following the instructions on the "Change My Information &
Settings" pages in My Page, or upon receipt by WorldLounge of your written
or email notice of termination. WorldLounge may terminate your access to the
Site. WorldLounge may terminate your membership for any reason without notice.
If WorldLounge terminates your membership because you have breached the Agreement, you will not be
entitled to any refund of any unused Subscription fees. Even after this
Agreement is terminated, certain provisions will remain in effect including
sections 4,5,7,9-13, inclusive, of this Agreement.
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| 3. |
Non Commercial Use by
Members. The WorldLounge Site 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 of WorldLounge and should not use the WorldLounge Service or Site
for any purpose. Illegal and/or unauthorized uses of the Site, including
unauthorized framing of or linking to the Site will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
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| 4. |
Proprietary Rights in Content
on WorldLounge. WorldLounge owns and retains other proprietary rights in
the WorldLounge Site and the WorldLounge Service. The Site contains the
copyrighted material, trademarks, and other proprietary information of
WorldLounge, Inc., and its licensors. Except for that information which is
in the public domain or for which you have been given permission, you may
not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
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| 5. |
Content Posted on the Site.
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a. |
You understand and
agree that WorldLounge may delete any content, messages, photos or profiles
(collectively, "Content") that in the sole judgment of WorldLounge violate
the Terms of Use or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of other WorldLounge and/or its
Members. |
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b. |
You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the WorldLounge
service, or transmit to other WorldLounge Members. |
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c. |
By posting Content to any public
area of WorldLounge, you automatically grant, and you represent and warrant
that you have the right to grant, to WorldLounge, Inc., and other
WorldLounge Members, 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. |
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d. |
The following is a partial list of
the kind of Content that is illegal or prohibited on the Site. WorldLounge
will 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) ;
- displays pornographic or sexually explicit material of any kind;
- 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 WorldLounge
Service in a manner consistent with any and all applicable laws and
regulations. |
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f. |
You may not engage in advertising
to, or solicitation of, other Members to buy or sell any products or
services through the Service. You will not transmit any chain letters or
junk email to other WorldLounge Members. Although WorldLounge may not monitor
the conduct of its Members off the WorldLounge Site, 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,
WorldLounge reserves the right to restrict the number of messages which a
Member may send to other Member in any 24-hour period to a number which
WorldLounge deems appropriate in its sole discretion.
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| 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 WorldLounge 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 our Site; 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.
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| 7. |
Member Disputes. You are
solely responsible for your interactions with other WorldLounge Members.
WorldLounge, Inc. reserves the right, but has no obligation, to monitor
disputes between you and other Members.
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| 8. |
Privacy. Privacy of the
WorldLounge Site and/or the WorldLounge Service is governed by our
Privacy Policy.
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| 9. |
Disclaimers. WorldLounge is
not responsible for any incorrect or inaccurate Content posted on the Site
or in connection with the WorldLounge Service, whether caused by Users,
Members or by any of the equipment or programming associated with or
utilized in the Service, nor for the conduct of any User and/or Member of
the WorldLounge Service whether online or offline. WorldLounge 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 and/or Member
communications. WorldLounge is not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line-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 WorldLounge Site and/or in connection with the WorldLounge Service.
Under no circumstances will WorldLounge, Inc. be responsible for any loss or
damage resulting from anyone's use of the Site or the Service and/or any
Content posted on the WorldLounge Site or transmitted to WorldLounge
Members. The Site and the Service are provided "AS-IS" and WorldLounge
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. WorldLounge cannot guarantee and does not promise any
specific results from use of the Site and/or the WorldLounge Service.
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| 10. |
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event
will WorldLounge 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 Site or the WorldLounge
Service, even if WorldLounge has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein,
WorldLounge, Inc'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 WorldLounge, Inc. for the Service during the
term of membership.
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| 11. |
U.S. Export Controls.
Software from this Site is further subject to United States export controls.
No software from this site may be downloaded 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.
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| 12. |
Indemnity. You agree to
indemnify and hold WorldLounge, 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 these Terms of Use and/or any
breach of your representations and warranties set forth above.
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| 13. |
Other. This Agreement,
accepted upon use of the Site and further affirmed by becoming a Member of
the WorldLounge service, contains the entire agreement between you and
WorldLounge, Inc. regarding the use of the Site 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.
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Please
Contact us with any questions regarding this agreement. WorldLounge is
a servicemark of WorldLounge, Inc.
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