Welcome to AngelesJam - the online stop to meet people from around the
world. By joining and being the AngelesJam Online Community you are
connected to friends from around the world. ("AngelesJam", "us", or
"we" operates on our website, currently located at http://www.AngelesJam.com
, you agree to be bound by these Terms & Conditions (this "Agreement",
whether or not you register as a member of the AngelesJam Community
("Member". The AngelesJam services consist of the Community,
tangible-hands on services such as chat, music upload etc., and the
Website with public functionality that is open to the community. If you
wish to become a Member, communicate with other Members, and make use of
the Service, read this Agreement and follow the instructions in the
registration process. This Agreement sets out the legally binding terms
for your membership and may be modified by AngelesJam from time to time.
Any modifications shall be effective upon posting by AngelesJam on the
Website. In addition, when using particular functionalities and features
that are part of the Services, you are subject to all applicable
guidelines, terms, or rules applicable to such functionalities and
features, which may be posted from time to time. All such Additional
Terms set forth for AngelesJam TERMS & CONDITIONS are hereby
incorporated by reference into this Agreement. If such additional
functionalities and features are provided to us by any of our partners
(such as, but not limited to, media players for content provided by our
licensors) the additional terms that govern your use of such
functionalities and features are not incorporated into this Agreement,
but shall govern your use of such functionalities and features and you
hereby agree to comply with and be bound by such terms as a condition to
your access and use of such functionalities and features. 1.
ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY
INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING
AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST
THIRTEEN (13) YEARS OLD. By using the Services, 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. If you are merely surfing or browsing through the Website and
have not yet registered to become a Member, your use of the Website is
still subject to this Agreement; if you do not agree to this Agreement,
do not use the Services. 2. PASSWORD. When you sign up to become a
Member, you will also be asked to choose a username and a password for
your Member profile. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the Member
profile, username, or password of another Member at any time. You agree
to notify us immediately if you suspect any unauthorized use of your
Member profile or access to your password. You are solely responsible
for any and all use of your Member profile. 3. TERM. This Agreement will
remain in full force and effect while you use the Services and/or are a
Member. You may terminate your membership at any time, for any reason by
following the instructions on the "Help" pages, or upon receipt by
AngelesJam of your written or email notice of termination. AngelesJam
may terminate your access to the Website. AngelesJam 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 AngelesJam. If
AngelesJam terminates your membership in the Community because you have
breached the Agreement, you will not be entitled to a refund of any
unused subscription fees, if applicable. Even after this Agreement is
terminated, the following provisions of this Agreement will remain in
effect: Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and
20. 4. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal
use of individual Members only, and may not be used in connection with
any commercial endeavors. This includes providing links to other
websites, whether deemed competitive to AngelesJam or otherwise.
Organizations, companies, and/or businesses may not become Members of
AngelesJam and should not use the AngelesJam Services for any purpose.
Illegal and/or unauthorized uses of the Services, including unauthorized
framing of or linking to the Website will be investigated, and
appropriate legal action will be taken. 5. PROPRIETARY RIGHTS IN THE
SERVICE. AngelesJam owns and retains all proprietary rights in the
Services. The Services contain the copyrighted material, trademarks, and
other proprietary information ("Intellectual Property" of AngelesJam,
and its licensors, including other AngelesJam Members. Except for
Intellectual Property 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 Intellectual
Property and the provision of such Intellectual Property to you through
the Services does not transfer to you or any third party any rights,
title or interest in or to such Intellectual Property, including,
without limitation, any intellectual property rights in any Content and
material included therein. 6. CONTENT POSTED ON THE SERVICES. You
understand and agree that AngelesJam may (but is not obligated to)
review any classified ads, content, communication, information,
Intellectual Property, material, messages, photos, videos, URLs,
profiles and the like (collectively, "Content" that is uploaded,
published or displayed (hereinafter, "posted" on the Services and
delete or refuse to take online any such Content, including, without
limitation, any Content that in the sole judgment of AngelesJam violates
this Agreement or which might be offensive, inappropriate, illegal, or
that might violate the rights, harm, or threaten the safety of other
Members or third parties. You are solely responsible for the Content
that you post on the Services, or transmit to other Members or third
parties. By posting Content to any area of the Services, you
automatically grant, and you represent and warrant that you have the
right to grant, to AngelesJam an irrevocable, perpetual, non-exclusive,
royalty-free and fully paid, worldwide license to reproduce, distribute,
publicly display and perform (including by means of a digital audio
transmission), and otherwise use Content and to prepare derivative works
of, or incorporate into other works, such Content, and to grant and
authorize sublicenses of the foregoing. In addition, you represent and
warrant that you have the right to post the Content and you will not
post any illegal or prohibited Content and will not infringe,
misappropriate, violate or contravene any third party rights (including,
without limitation, any intellectual property rights). The following is
a partial list of the kind of Content that is illegal or prohibited on
the Website ("Prohibited Content". AngelesJam reserves the right (but
is not obligated) to investigate and to take appropriate legal action in
its sole discretion against anyone who violates this provision,
including without limitation, removing the offending Content from the
Service and terminating the membership of such violators. Prohibited
Content includes Content that: (a) 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; (b) harasses
or advocates harassment of another person; (c) involves the transmission
of "junk mail," "chain letters," or unsolicited mass mailing or
"spamming"; (d) promotes information that you know is false, misleading
or that promotes illegal activities or conduct that is illegal, abusive,
threatening, obscene, defamatory or libelous; (e) promotes an illegal
and/or unauthorized ("pirated" copy of another person's copyrighted
work (whether marked as such, or not), such as, but not limited to,
providing pirated computer programs or links to them, providing
information to circumvent copy-protection mechanisms, or providing
pirated music, video or other pirated Content, or links to such pirated
music, video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page); (g)
displays pornographic or sexually explicit material of any kind and in
any form; (h) provides material that exploits people under the age of 18
in a sexual or violent manner, or solicits personal information from
anyone under 18; (i) provides instructional information about illegal
activities such as, but not limited to, making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses; (j) solicits passwords or personal identifying information of
any kind for commercial or unlawful purposes from other users; and
engages in commercial activities and/or commercial sales without our
prior written consent, including, without limitation, contests,
sweepstakes, barter, advertising, and pyramid schemes; (k) constitutes,
promotes, or is used primarily for the purpose of dealing in:
counterfeit goods, items subject to US embargo, illegal drugs and
paraphernalia, stolen products and items used for theft, unlicensed
trade or dealing in stocks or securities, gambling items, professional
services regulated by state licensing regimes or non-transferable items;
or (l) otherwise violates the terms of this Agreement or creates
liability for AngelesJam. You must use the Services in a manner
consistent with any and all applicable laws and regulations. You may not
include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses. You may not engage in advertising
to, or solicitation of, other Members to buy or sell any products or
services through the Services, except as to the extent expressly allowed
by AngelesJam in specific sections of the Services, such as the
?Classifieds? or similar section of the Services. You may not transmit
any chain letters or junk email to other Members or other parties.
Although AngelesJam cannot monitor the conduct of its Members off the
Services, it is also a violation of these rules to use any information
obtained from the Services 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, AngelesJam reserves the
right to restrict the number of emails and other communications
(including sharing of Content) which a Member may send to other Members
in any twenty-four (24) hour period to a number which AngelesJam deems
appropriate in its sole discretion. 7. YOUR MEMBER PROFILE. Any Content
used for or photographs posted by you in your Member profile may not
contain nudity, violence, sexually explicit, or offensive subject
matter. You may not post a photograph of another person without that
person's permission. 8. USING THE AngelesJam BAND SERVICE. In connection
with your registration on the Service as a band, you may have the
opportunity to post music, audio, artwork, video, or other Content
(collectively, "Band Content" on areas of the Service. AngelesJam only
permits and authorizes you to upload or post Band Content on the Service
if you have the right to upload or Post such Band Content, have the
right to grant the license in this Agreement to AngelesJam and all users
of AngelesJam, and comply with all copyright, privacy, attribution,
trademark, publicity, or other intellectual property or personal rights
relating to such Band Content. If you post any Band Content on the
Service in violation of the foregoing, your right to use the Service and
any other associated services will immediately cease and you agree to
cease at that time any and all use of the Service, any associated
services, and any use of AngelesJam or third party content available in
connection with the Service or associated service. In addition to other
remedies set forth in this Agreement (including but not limited to
indemnification in section 18 below) AngelesJam will have the right to
immediately terminate or suspend your account. 9. 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 Services 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. AngelesJam's Copyright Agent for notice of claims of copyright
infringement can be reached by using our contact form at http://www.AngelesJam.com/contact-us/
writing the following: 10. MEMBER DISPUTES. Your interactions with other
Members in connection with the Services or with advertisers, including,
without limitation, payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and the other Members or the
advertiser. You agree that AngelesJam will not be responsible for any
loss or damage incurred as the result of any such dealings or with
respect to any other Member's use or disclosure of your personally
identifiable information. If there is a dispute between you and any
third party (including, without limitation, any Member), AngelesJam is
under no obligation to become involved; however, we reserve the right,
but have no obligation, to monitor disputes between you and other
Members. 11. THIRD PARTY CONTENT. Content from other Members,
advertisers, and other third parties may be made available to you
through the Services. Because we do not control such Content, (a) you
agree that we are not responsible for any such Content and (b) we make
no guarantees about the accuracy, currency, suitability, or quality of
the information in such Content, and we assume no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful Content
made available by other Members, advertisers, and other third parties.
12. RELEASE. To the extent permitted under applicable laws, you hereby
release AngelesJam from any liability related to: (a) any incorrect or
inaccurate Content posted on the Services, whether caused by any user of
the Services or Member, or by any of the equipment or programming
associated with or utilized in the Services; (b) the conduct, whether
online or offline, of any user of the Services or Member; (c) 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 players on account of technical
problems or traffic congestion on the Internet or at any website, or
combination thereof, including injury or damage to user's and/or
Member's or to any other person's computer related to or resulting from
participating or downloading materials in connection with the Services;
(d) any loss or damage caused by Content posted on the Services or
transmitted by and to Members, or any interactions between users of the
Website and/or Members, whether online or offline; and (e) any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, Website user or Member
communications. If you are a California resident, you hereby waive
California Civil Code Section 1542, which states: "A general release
does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which, if known
by him must have materially affected his settlement with the debtor."
13. DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE
SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND AngelesJam EXPRESSLY
DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND AngelesJam DOES NOT
GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF
THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B)
THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. AngelesJam DOES NOT
ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. 14. LIMITATION ON LIABILITY. TO THE
EXTENT PERMITTED UNDER APPLICABLE LAWS, AngelesJam SHALL NOT BE LIABLE
TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS)
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AngelesJam HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, AngelesJam'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO
AngelesJam FOR THE SERVICES; AND (2) TWENTY-FIVE U.S. DOLLARS (US$25).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. U.S. EXPORT CONTROLS. Any software provided by AngelesJam through
the Services (the "Software" is further subject to United States export
controls. No Software may be downloaded from the Services or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other Country to
which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any
such list. 16. GOVERNING LAW AND ARBITRATION. This Agreement shall be
governed by the laws of the State of California without giving effect to
any conflict of laws principles that may provide the application of the
law of another jurisdiction. You and AngelesJam agree to submit to the
jurisdiction of, and agree that venue is proper in, the state courts
located in San Francisco, California (USA) and the federal courts
located in the Northern District of California (USA) in such legal
action or proceeding. Any claim or dispute (excluding claims for
injunctive or other equitable relief as set forth below) in connection
with this Agreement where the total amount of the award sought is less
than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost
effective manner through binding non-appearance-based arbitration, at
the option of the party seeking relief. Such arbitration shall be
initiated through an established alternative dispute resolution provider
("ADR Provider" that offers arbitration as set forth in this section
and under the rules of such ADR Provider, except to the extent such
rules are in conflict with this Agreement. The party demanding
arbitration will propose an ADR Provider and the other party shall not
unreasonably withhold consent to use such ADR Provider. The ADR Provider
and the parties must comply with the following rules: a) the arbitration
shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party
initiating the arbitration; b) all arbitration proceedings shall be held
in English, or any other language the parties may mutually agree upon;
c) the arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties;
and d) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. Each party shall bear
its own costs (including attorney fees) and disbursements arising out of
the arbitration, and shall pay an equal share of the fees and costs of
the ADR Provider. Notwithstanding the foregoing, AngelesJam may seek
injunctive or other equitable relief to protect its intellectual
property rights in any court of competent jurisdiction. Please note that
the laws of the jurisdiction where you are located may be different from
California law. You shall always comply with all the international and
domestic laws, ordinance, regulations and statutes that are applicable
to your use of the Services. 17. ELECTRONIC COMMUNICATIONS. The
communications between you and AngelesJam use electronic means, whether
you visit the Website or send us emails, or whether AngelesJam posts
notices on the Services or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from
AngelesJam in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications
that AngelesJam provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were be in
writing. The foregoing does not affect your non-waiveable rights. 18.
INDEMNITY. You agree to indemnify and hold AngelesJam, 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 Services 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. 19. OTHER. This Agreement contains the
entire agreement between you and AngelesJam regarding the use of the
Services. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect.
Notwithstanding any other provisions herein, no party will be deemed as
a third-party beneficiary to this Agreement and a third party (including
another Member) who is not a party to this Agreement has no right to
enforce any term of this Agreement. If any provision of this Agreement
is found to be invalid or unenforceable, such provision will be changed
and interpreted to accomplish the objectives to the greatest extent
possible under any applicable law and the remaining provisions will
continue in full force and effect. The failure of AngelesJam 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. Please contact us with any questions regarding this Agreement.
20. COPYRIGHT/TRADEMARK INFORMATION. Copyright 2006 - 2007, AngelesJam.
All rights reserved. The trademarks, logos and service marks ("Marks"
displayed on the Services are our property or the property of other
third parties. You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own
the Mark.