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Agreement between User and Heyifound.com
| 1. |
The Heyifound.com web Site(s) (hereinafter referred to as "the web
Site(s)" )are offered to you conditional upon your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the Heyifound.com Web Sites constitutes your agreement
to all such terms, conditions, and notices. Subject to paragraph 2
below these terms and conditions constitute the entire and complete
agreement between you and Heyifound.com.
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| 2. |
Heyifound.com reserves the right to change the terms, conditions,
and notices under which the web site(s) are offered, including but not
limited to the charges associated with the use of the web site(s). You
are responsible for regularly reviewing these terms and conditions and
additional terms posted on particular websites. Your continued use of
the web site(s) constitutes your agreement to all such terms, conditions,
and notices.
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| 3. |
You are required as consideration for the use of the
service to register as a member as prompted by the web site(s).
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| 4. |
with a password and account designation. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify Heyifound.com immediately of any unauthorized
use of your account or any other breach of security. Heyifound.com will
not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Heyifound.com
or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission
of the account holder
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| 5. |
Upon completion of the membership registration form you will be supplied,
You agree not to use the Service to:
a. Act in any way or for any purpose that is unlawful or prohibited by these
terms, conditions, and notices.
b. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable
c. harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a Heyifound.com personnel, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
e. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service
f. upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
g. upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
h. upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
i. upload, post,
email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
j. disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
k. interfere
with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
l. intentionally or unintentionally
violate any applicable local, state, national or international law.
m. "stalk" or otherwise harass another; or n. collect or store personal
data about other users
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| 6. |
Heyifound.com does not claim ownership of
the materials you provide to Heyifound.com (including feedback and suggestions)
or post, upload, input or submit to any service or the web site(s) for
review by the general public (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Heyifound.com, its affiliated companies
and necessary sublicenses permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission. |
| 7. |
No compensation
will be paid with respect to the use of your Submission, as provided
herein. Heyifound.com is under no obligation to post or use any Submission
you may provide and Heyifound.com may remove any Submission at any time
in its sole discretion.
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| 8. |
By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
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| 9. |
All information, data, text, software, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person
from which such Content originated. You are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make
available via the Service.
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| 10. |
Heyifound.com has no obligation to monitor
the Content and /or the web site(s). However, Heyifound.com reserves
the right to review materials and to remove any materials in its sole
discretion.
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| 11. |
Heyifound.com does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Heyifound.com is not liable in any way what-so-ever for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for 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 Service.
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| 12. |
You bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. You may not rely on any Content created
by Heyifound.com or submitted to Heyifound.com, including, but not,
limited to information in Heyifound.com Forum, and in all other parts
of the Service.
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| 13. |
Heyifound.com reserves the right at all times to
disclose any information as it deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or
in part, in Heyifound.com's sole discretion.
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| 14. |
You agree to indemnify
and hold Heyifound.com, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, 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
or make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation
of any rights of another.
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| 15. |
Unless otherwise specified, the web site(s)
and services therein are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained therein.
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| 16. |
Heyifound.com,
in its sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any Content
within the Service, for any reason, including, but not limited to: a.
lack of use b. If Heyifound.com believes that you have violated or acted
inconsistently with the letter or spirit of these terms and conditions
c. Any amendments variation substitution or other changes in the operation
or availability of the service and/or web site(s)
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| 17. |
With the exception
of all dealings, arrangements, purchases and other transactions with
Heyifound.com, it's related companies or affiliates which are dealt
with below, any correspondence or business dealings with, or participation
in promotions of, partners and advertisers found on or through the Service
or Web site(s), 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/partner.
Heyifound.com shall not be held responsible or liable for any loss or
damage of any sort incurred as the result, or in anyway whatsoever,
of any such dealings or as the result of the presence of such partner
and advertisers on the Service.
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| 18. |
The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Heyifound.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. Further, Heyifound.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.
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General
This agreement is governed by the laws of Singapore. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Singapore in all disputes
arising out of or relating to the use of the Web Sites/Services. Use of the Web
Sites/Services is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Heyifound.com as a result of this agreement
or use of the Web Sites/Services. You agree to indemnify and hold Heyifound.com,
its parents, subsidiaries, affiliates, officers and employees, harmless from any
claim, demand, or damage, including reasonable lawyers fees, asserted by any third
party due to or arising out of your use of or conduct on the Web Sites/Services.
Heyifound.com reserves the right to disclose any personal information about you
or your use of the Web Sites/Services, including its contents, without your prior
permission if Heyifound.com has a good faith belief that such action is necessary
to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Heyifound.com or its related
companies;
(3) enforce the terms or use; or
(4) act to protect the interests of its members or others.
Heyifound.com's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of Heyifound.com's
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Web Sites/Services or information provided to or gathered
by Heyifound.com with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and Heyifound.com
with respect to the Web Sites/Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Heyifound.com with respect to the Web Sites/Services. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. |
