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GENERAL TERMS AND CONDITIONS
By using PLEASEIDENTIFY.COM Products and Services, you are agree,
without limitation or qualification, to be bound by, and to comply with, these
Terms and Conditions and any other posted guidelines or rules applicable to the
PLEASEIDENTIFY.COM web site, Product or Service. All such guidelines and rules
are hereby incorporated by reference into the Terms and Conditions.
PLEASEIDENTIFY is Only a Venue.
Overview. Our site acts as the venue for people to post listings (or, as appropriate, solicit requests for information) and others to provide the information. We are not involved in the actual transaction between listing Posters and Respondants. As a result, we have no control over the quality, safety or legality of the listings shown, the truth or accuracy of the listings or their respective responses.
Because user authentication on the Internet is difficult, PLEASEIDENTIFY cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential respondants.
Release.Because we are not involved in the actual transaction between listing posters and respondants, in the event that you have a dispute with one or more users, you release PLEASEIDENTIFY (and our parent, officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe communication when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance
with these Terms and Conditions. You acknowledge and agree that
PLEASEIDENTIFY.COM may terminate your access to the PLEASEIDENTIFY.COM or to any
of the Products and Services should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by PLEASEIDENTIFY.COM.
Any such termination shall be in PLEASEIDENTIFY.COM's sole discretion and may
occur without prior notice, or any notice. PLEASEIDENTIFY.COM further reserves
the right to terminate any user's access to the PLEASEIDENTIFY.COM or to any of
the Products and Services for any conduct that PLEASEIDENTIFY.COM, in its sole
discretion, believes is or may be directly or indirectly harmful to other users,
to PLEASEIDENTIFY.COM or its subsidiaries, affiliates, or business contractors,
or to other third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. PLEASEIDENTIFY.COM further reserves the
right to terminate any user's access to the PLEASEIDENTIFY.COM or to any of the
Products and Services for any reason or for no reason at all, in
PLEASEIDENTIFY.COM's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must
have access to the World Wide Web and must navigate the Internet to
http://www.PLEASEIDENTIFY.COM/ or another of the URLs
associated with the PLEASEIDENTIFY.COM. PLEASEIDENTIFY.COM does not discriminate
on the basis of age, gender, race, ethnicity, nationality, religion, sexual
orientation, or any other protected status.
REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide
certain data. In consideration of use of such Products and Services, in
registering and providing such data, you represent and warrant that: (a) the
information about yourself is true, accurate, current, and complete (apart from
optional items) as required by various PLEASEIDENTIFY.COM registration forms
("Registration Data") and (b) you will 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 PLEASEIDENTIFY.COM has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, PLEASEIDENTIFY.COM has the right
to suspend or terminate your account and refuse any and all current or future
use of the Products and Services.
All PLEASEIDENTIFY.COM registrations become the exclusive
property of PLEASEIDENTIFY.COM, its affiliates and subsidiaries.
PLEASEIDENTIFY.COM reserves the right to use and reuse all registration and
other personally identifiable user information subject to the PLEASEIDENTIFY.COM
privacy policy. Users may edit, update, alter or obscure their personally
identifiable information at any time by following the instructions located in
the PLEASEIDENTIFY.COM privacy policy and at individual PLEASEIDENTIFY.COM
sites.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you
recognize that you are fully responsible for: (i) the online conduct of such
minor; (ii) controlling the minor's access to and use of the Products and
Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE
THAT SOME AREAS OF THE PLEASEIDENTIFY.COM MAY CONTAIN MATERIAL THAT IS
INAPPROPRIATE FOR MINORS.
MEMBER AND USER CONDUCT
Upon registering, you will receive a password and
PLEASEIDENTIFY.COM ID. You are responsible for maintaining the confidentiality
of the password and ID, and are fully responsible for all activities that occur
under your password or ID. You agree to (a) immediately notify
PLEASEIDENTIFY.COM of any 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. The PLEASEIDENTIFY.COM cannot and will not be liable for
any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code,
data, text, software, music, sound, photographs, pictures, graphics, video,
chat, messages, files, or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not PLEASEIDENTIFY.COM, are
entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Services. PLEASEIDENTIFY.COM does not control the user or third
party Content posted via the Products and Services, and, as such, does not
guarantee the accuracy, integrity or quality of such user or third party
Content. You acknowledge and Agree that by using the Products and Services, you
may be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will PLEASEIDENTIFY.COM be liable in any way for any user or third
party Content, including, but not limited to, for any errors or omissions in any
such Content, or for any loss or damage of any kind incurred as a result of the
use of any such Content posted, emailed or otherwise transmitted via the
Products and Services. As a general matter, PLEASEIDENTIFY.COM does not
pre-screen user or third party Content posted on the PLEASEIDENTIFY.COM, except
for certain areas where PLEASEIDENTIFY.COM employs certain automated screening
software, although PLEASEIDENTIFY.COM reserves the right to do so.
PLEASEIDENTIFY.COM does not guarantee that any screening will be done to your
satisfaction or that any screening will be done at all. PLEASEIDENTIFY.COM
reserves the right to monitor some, all, or no areas of the Products and
Services for adherence to these Terms and Conditions or any other rules or
guidelines posted by PLEASEIDENTIFY.COM .
Prohibited Conduct
You agree that you will not use PLEASEIDENTIFY.COM's Products and/or Services to:
- Upload, post, email, otherwise transmit or post links
to any Content, or select any member or user name or email address, that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, pornographic, libelous, invasive of privacy or publicity
rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit or post links
to any Content that promotes illegal activity, including without limitation
the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit or post links
to any Content that exploits the images of children under 18 years of age, or
that discloses personally identifying information belonging to children under
18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make
any sexual request of a minor.
- "Stalk" or otherwise harass another.
- Collect or store personally identifying information
about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not
limited to, a PLEASEIDENTIFY.COM official, employee, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person or
entity.
- Employ misleading email addresses or falsify
information in the header, footer, return path, or any part of any
communication, including emails, transmitted through the Products and
Services.
- Upload, post, email, otherwise transmit or post links
to any Content that you do not have a right to transmit under any law or
regulation or under contractual or fiduciary relationships (such as inside
information, or proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post
links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit or post links
to any Content that infringes any patent, trademark, service mark, trade
secret, copyright or other proprietary rights ("Rights") of any party, or
contributing to inducing or facilitating such infringement. This prohibition
shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other
Content that has had the copyright protection removed.
- Making available serial numbers for software that
can be used to illegally validate or register software.
- Making available tools that can be used for no
purpose other than for "cracking" software or other copyrighted Content.
- Making available any software files for which the
user does not own the copyright or have the legal right to make
available.
- Upload, post, email, otherwise transmit, or post links
to any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links
to any material that contains software viruses, worms, trojan horses, time
bombs, trap doors or any other computer code, files or programs or repetitive
requests for information designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment or to diminish the quality of, interfere with the performance of, or
impair the functionality of the Products and Services or PLEASEIDENTIFY.COM.
- Use automated means, including spiders, robots,
crawlers, or the like to download data from any PLEASEIDENTIFY.COM database.
-
Conduct your own contests and
promotions.
- Modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, link, display or
in any way exploit any Content from any PLEASEIDENTIFY.COM database, including, without
limitation, by incorporating data from any PLEASEIDENTIFY database into any e-mail or
"white pages" products or serviced, whether browser-based, based on
proprietary client-site applications, web-based, or otherwise.
- Sell, distribute, or make any commercial use of data
obtained from any PLEASEIDENTIFY.COM database or make any other use of data from any PLEASEIDENTIFY.COM
database in a manner which could be expected to offend the person for whom the
data is relevant.
- Create and maintain a PLEASEIDENTIFY.COM
posting that contains hyperlinks to content not permitted
PLEASEIDENTIFY.COM.
- Interfere with or disrupt the Products
and Services or servers or networks connected to the Products and
Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Products and Services,
including without limitation PLEASEIDENTIFY.COM hosts.
- Access the Products and Services after your account or
access has been terminated by PLEASEIDENTIFY.COM.
- Use any software deployed in connection with the
Products and Services to process data as a service to other entities without
the express written consent of PLEASEIDENTIFY.COM or the party from whom such
software may be licensed.
- Decompile, disassemble, modify, translate, adapt,
reverse engineer, create derivative works from, or sublicense any software
deployed in connection with the Products and Services.
- Upload, post, email or otherwise transmit or post
links to any material, or act in any manner, that is offensive to
PLEASEIDENTIFY.COM community or the spirit of these Terms and Conditions.
You acknowledge and agree that PLEASEIDENTIFY.COM and its
designees shall have the right (but not the obligation), in their sole
discretion, to refuse to publish, remove, or block access to any Content that is
available via the Products and Services at any time, for any reason, or for no
reason at all, with or without notice. Without limitation PLEASEIDENTIFY.COM and
its designees shall have the right (but not the obligation), in their sole
discretion, to refuse to publish, remove, or block access to any Content that
violates the Terms and Conditions or is otherwise objectionable as determined by
PLEASEIDENTIFY.COM, in its sole discretion. PLEASEIDENTIFY.COM may also
terminate access to, or membership in PLEASEIDENTIFY.COM, or any portion
thereof, for violating these Terms and Conditions. You acknowledge and 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 or obtained through the use of PLEASEIDENTIFY.COM in all
other parts of the PLEASEIDENTIFY.COM Products and Services.
You expressly acknowledge and agree that
PLEASEIDENTIFY.COM may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the Terms and Conditions; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of PLEASEIDENTIFY.COM, its users and the public. You acknowledge
and agree that the technical processing and transmission of the Products and
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. You further acknowledge and agree that other
data collected and maintained by PLEASEIDENTIFY.COM with regard to its users may
be disclosed in accordance with PLEASEIDENTIFY.COM's Privacy Policy.
PLEASEIDENTIFY.COM also may suspend or terminate any user
account for any Product or Service because of user inactivity. For example, a
PLEASEIDENTIFY.COM account may be terminated or suspended if a user fails to
sign-in to the PLEASEIDENTIFY.COM for an extended period of time. What is
considered "user inactivity" varies depending on the Product or Service. If one
of your accounts is suspended or terminated for inactivity, your right to use
such Product or Service immediately ceases.
LICENSE TO MEMBER WEB POSTING AND OTHER USER CONTENT
By submitting a web posting to PLEASEIDENTIFY.COM, you grant PLEASEIDENTIFY.COM a world-wide, royalty-free,
nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly
display, publicly perform, create compilations including, and distribute such
web posting, and any associated Content, for the limited purposes of publishing
and promoting the user's web posting in connection with the particular service
with which the user has chosen to have the web posting hosted and for publishing
and promoting such web posting where within PLEASEIDENTIFY.COM. Such license
shall apply with respect to any form, media, or technology now known or later
developed. The term of the license will extend only for the duration of the
user's membership with PLEASEIDENTIFY.COM. In the event that such membership is
terminated, PLEASEIDENTIFY.COM will relinquish all rights to the user's Content
as described above following the duration of any applicable promotional
activities ongoing at the time the membership is terminated. You acknowledge and
agree that PLEASEIDENTIFY.COM runs advertisements on the web postings of its
users and grant PLEASEIDENTIFY.COM the right to do so. These advertisements may
include, without limitation, "banner" advertisements and "pop-up text"
advertisements. The manner, mode, and extent of such advertising is subject to
change.
With respect to any other Content posted by or in
connection with the Products and Services, you grant PLEASEIDENTIFY.COM a
world-wide, royalty free, perpetual, license to use, copy, transmit, publicly
display, publicly perform, create compilations including, create derivative
works of, and distribute such Content to publish and promote such Content in
connection with the particular Products and Services and to publish and promote
such Content elsewhere within PLEASEIDENTIFY.COM. Such license shall apply with
respect to any form, media, or technology now known or later developed.
ADVERTISERS AND CONTENT LINKED TO PLEASEIDENTIFY.COM
PLEASEIDENTIFY.COM may provide, or third parties may
provide, links to other sites or resources located on the World Wide Web.
PLEASEIDENTIFY.COM has no control over such sites and resources. You acknowledge
and agree that PLEASEIDENTIFY.COM 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
PLEASEIDENTIFY.COM 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.
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through
PLEASEIDENTIFY.COM Products and Services are solely between you and such
advertiser. You agree that PLEASEIDENTIFY.COM 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 Product and
Services.
INDEMNITY AND RELEASE
By using the PLEASEIDENTIFY.COM web site you agree to indemnify PLEASEIDENTIFY.COM and
its parents, subsidiaries, affiliates, officers, and employees and hold them
harmless from any and all claims and expenses, including attorney's fees,
arising from your use of PLEASEIDENTIFY.COM web site, your use of the Products
and Services, or your submission of ideas and/or related materials to
PLEASEIDENTIFY.COM or from any person's use of any account or password you
maintain with any portion of PLEASEIDENTIFY.COM, regardless of whether such use
is authorized by you. By using the PLEASEIDENTIFY.COM, using the Products and
Services, or submitting any ideas and/or related materials to
PLEASEIDENTIFY.COM, you are hereby agreeing to release PLEASEIDENTIFY.COM and
its parents, subsidiaries, affiliates, officers, and employees from any and all
claims, demands, debts, obligations, damages (actual or consequential), costs,
and expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to the
Products and Services or to any disputes regarding use of ideas and/or related
materials submitted to PLEASEIDENTIFY.COM. YOU HEREBY AGREE TO WAIVE
ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES
PLEASEIDENTIFY.COM® is a registered trademark mark of PLEASEIDENTIFY Communications Inc.
All other marks that appear throughout the Products and
Services belong to PLEASEIDENTIFY.COM, or the respective owners of such marks,
and are protected by Canada and international copyright and trademark laws. Any
use of any of the marks appearing throughout the Products and Services without
the express written consent of PLEASEIDENTIFY.COM or the owner of the mark, as
appropriate, is strictly prohibited.
NON-WAIVER AND SEPARABILITY
PLEASEIDENTIFY.COM's failure to exercise any right or
provision of these Terms and Conditions shall not constitute a waiver of such
right or provision. If a court of competent jurisdiction holds any provision of
these Terms and Conditions 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 agree that the other provisions of these Terms and
Conditions remain in full force and effect.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise
transfer, or delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of PLEASEIDENTIFY.COM.
TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as
long as you use the Products and Services, unless specifically terminated
earlier by PLEASEIDENTIFY.COM. All provisions of these Terms and Conditions
which impose obligations continuing in their nature shall survive termination of
these Terms and Conditions.
COMMUNICATIONS WITH USERS
PLEASEIDENTIFY.COM reserves the right to communicate with
you regarding your use of the Products and Services.
SUBMISSIONS OF IDEAS
PLEASEIDENTIFY.COM is always improving its Products and
Services and developing new features. If you have ideas regarding improvements
or additions to PLEASEIDENTIFY.COM, we would like to hear them -- but any
submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES
SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PLEASEIDENTIFY.COM BE
SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY
SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO PLEASEIDENTIFY.COM, YOU ARE
WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED
MATERIALS AND ARE REPRESENTING AND WARRANTING TO PLEASEIDENTIFY.COM THAT THE
IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS
ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PLEASEIDENTIFY.COM IS FREE TO
IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS
MODIFIED BY PLEASEIDENTIFY.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY
THIRD PARTY.
We hope your enjoyment of PLEASEIDENTIFY.COM Products and Services will be enhanced by the application of these Terms and Conditions. It
is our belief that your understanding of the guidelines we have set forth will
allow the PLEASEIDENTIFY.COM community to continue to be a place where each of
us can prosper, grow, and enjoy ourselves within an open and non-threatening
environment. Thank you for taking the time to read these Terms and Conditions
and we hope you enjoy our Products and Services.
Last updated January 15, 2001
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