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Terms of Use
Welcome to Our Town 808, an online networking website, operated by People Bridge, Inc. ("People Bridge") By using this online networking website (the "Website"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service or if you do not have the power and authority to accept these Terms of Service on behalf of your company, you may not use the Website.
Changes To The Website and Terms and Conditions
We reserve the right to modify or terminate the Website for any reason, and without notice, without liability to you, any other Member or any third party. People Bridge may revise these Terms of Service at any time and you agree that your continued use of the Website after such modifications constitutes your acceptance of such revisions. This Agreement was last revised on February 6, 2008.
Eligibility and Registration
You must be 13 years or older to use the Website. If you are under 13 years of age, then please do not use the Website. By registering for the Website, you represent and warrant that you are 13 or older and that you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service and to abide by and comply with these Terms of Service.
In addition, you must provide true, accurate and complete registration information to be a Website member ("Member"). As part of the registration process, you will be asked to provide your email address (that will also serve as your login ID) and select a password and you will be responsible for all activities occurring under your login ID and for keeping your password secure. We may refuse to post any profile information provided by you that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Use of Content
By submitting, posting or displaying any data, text, software, information, graphics, photos, sounds profiles, audio and video clips, interactive features, links and other content ("Content") on or through the Website, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Content.
You may not use the Website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
Other examples of illegal or unauthorized uses include, but are not limited to:
Modifying, adapting, translating, or reverse engineering any portion of the Website;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Website;
Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website;
Collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
Reformatting or framing any portion of the web pages that are part of the Website;
Creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members.
Submitting Content of any third party without such third party's prior written consent;
Directing any user (for example, by linking) to any Content of any third party without such third party's prior written consent;
Submitting Content that falsely express or imply that such Content is sponsored or endorsed by the Website;
Submitting Content that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
Submitting Content that is unlawful or promote or encourage illegal activity; or
Submitting false or misleading information.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. People Bridge reserves all rights not expressly granted in and to the Content.
You may access Member Submissions solely:
for your information and personal use;
as intended through the normal functionality of the Website; and
for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Member Videos for any purpose or in any manner other than Streaming is expressly prohibited. Member Videos are made available "as is."
Member Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Member Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
You may access Content, Member Submissions and other content only as permitted under this Agreement. People Bridge reserves all rights not expressly granted in and to the Content, Member Submissions and the Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you will be exposed to Member Submissions from a variety of sources, and that People Bridge is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website or People Bridge with respect thereto, and agree to indemnify and hold People Bridge, the Website, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
We may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Member Submissions and Conduct
As a Member you may submit video content ("Member Videos") and textual content ("Member Comments"). Member Videos and Member Comments are collectively referred to as "Member Submissions." You understand that whether or not such Member Submissions are published, there is no guarantee of any confidentiality with respect to any Member Submissions.
You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize People Bridge and the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your Member Submissions. However, by submitting Member Submissions to the Website, you hereby grant People Bridge and the Website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the Website and People Bridge's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, distribute, display and perform such Member Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
In connection with Member Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant People Bridge and the Website all of the license rights granted herein.
People Bridge does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and People Bridge expressly disclaims any and all liability in connection with Member Submissions. The Website does not permit copyright infringing activities and infringement of intellectual property rights on its website, and the Website will remove all Content and Member Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. The Website reserves the right to remove Content and Member Submissions without prior notice.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Member Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
People Bridge's designated Copyright Agent to receive notifications of claimed infringement is: Susan Haramoto, 2800 Woodlawn Drive, Suite 155, Honolulu, HI, 96822, fax: 808-585-2454. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Website's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Member Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Member Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, People Bridge may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at People Bridge's sole discretion.
Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy. Click here to review the Website's Privacy Policy. You understand and agree that the Website may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of the Website, its affiliates or the public. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
Disclaimer of Warranties
People Bridge and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Website. People Bridge disclaims any and all responsibility and liability for the conduct of any Member.
THE Website, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WebsiteS), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PEOPLE BRIDGE AND THE WEBISTE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE Website IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify People Bridge and the Website from and against any third party claim arising from or in any way related to your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, People Bridge will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PEOPLE BRIDGE OR THE WEBSITE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE, WHETHER OR NOT People Bridge/THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE Website, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Term and Termination
These Terms of Service will apply to your use of the Website. You may terminate your membership immediately at any time, for any reason, by selecting the cancel account option in your profile. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Notices
People Bridge may provide you with notices regarding the Website or these Terms of Service by email or postings to the Website.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the City & County of Honolulu, Hawaii. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall People Bridge or the Website be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and People Bridge with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
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