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CoolChannel
EMAIL, WEB PAGE, CHAT SERVICES, AND SEARCHING TERMS AND CONDITIONS
AGREEMENT
Content Guidelines and Member Terms of Service
Specifically, we do not allow any nudity or
pornography. By using CoolChannel electronic mail services (CoolChannel
Mail), CoolChannel chat services (CoolChannel Chatting), CoolChannel web
page services (CoolChannel Web Page), and/or CoolChannel Internet
searching services, you agree to the terms and conditions of service
contained in this agreement (the Agreement). Make sure that you read the
following document completely and carefully, because, by pressing the
accept button, you will have agreed to all the terms and conditions in
this Agreement. Please note that Peopleweb Communications, Inc. is the
owner of the www.CoolChannel.com web site, the www.peopleweb.com web site,
CoolChannel Mail, CoolChannel Chatting, CoolChannel Web Page, and
CoolChannel Internet searching services.
Summary
You agree not to use either the CoolChannel Mail, CoolChannel Chatting,
CoolChannel Web Page, or CoolChannel Internet searching services for
illegal purposes or for the transmission of material that is illegal,
harassing, libelous, invasive of another's privacy, abusive, threatening,
harmful, obscene, or otherwise objectionable, or that infringes or may
infringe any other person or entity's intellectual property or other
rights, or for sending junk mail, spam mail, or unsolicited mass email.
You agree to provide true and correct information about yourself in the
CoolChannel Mail, CoolChannel Chatting, and CoolChannel Web Page
registration form(s).
You agree that Peopleweb Communications, Inc. and its designees,
assignees, or successors (Peopleweb) may in their sole discretion
terminate your account if they believe you have violated this Agreement.
You agree to report any violations of this Agreement to Peopleweb.
If you are under the age of 18 years, you agree to get permission from at
least one of your parents or your guardian before you give personally
identifying information to others via the Internet using Peopleweb
services, and you agree to read the CoolChannel Privacy Policy posted at
www.CoolChannel.com.
Detailed Terms and Conditions
I. ACKNOWLEDGMENT AND ACCEPTANCE
The CoolChannel Mail, CoolChannel Chatting, CoolChannel Web Page, and
CoolChannel Internet searching services (the Services), are owned by
Peopleweb and are provided to you (the Member) under the terms and
conditions of this Agreement and any amendments to the Agreement and any
operating rules or policies (the Total Agreement) that may be published
from time to time by Peopleweb. The Total Agreement comprises the entire
agreement between Member and Peopleweb and supersedes any prior agreements
pertaining to the subject matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE I ACCEPT BUTTON, YOU ARE AGREEING TO
BE BOUND BY THE Total Agreement.
II. DESCRIPTION OF SERVICES
Peopleweb is providing Member with the capability to send and receive
electronic mail via the World Wide Web on the CoolChannel Mail system, to
create and post web sites on the World Wide Web using the CoolChannel Web
Page system, to participate in chat rooms, chat sessions, and forums on
the World Wide Web using the CoolChannel Chatting system, and to search
the Internet using the CoolChannel search engine. Peopleweb does not
charge Member for the Services (though Peopleweb may in the future charge
a fee for use of the Services, and though Member may be charged if Member
elects to enroll in premium Peopleweb services). Member must: (a)
provide for Member's own access to the World Wide Web and pay any service
fees associated with such access, and (b) provide all equipment necessary
for Member to make such connection to the World Wide Web, including a
computer and modem.
III. MEMBER'S REGISTRATION OBLIGATIONS
In consideration of Peopleweb providing the Services, Member agrees to:
(a) provide true, accurate, current and complete information about Member
as prompted by the Services, and (b) maintain and update this information
to keep it true, accurate, current and complete. This information about
Member shall be referred to as Registration Data. If Member provides any
untrue, inaccurate, not current, or incomplete information, Peopleweb
reserves the right to terminate Member's account and refuse any and all
current or future use of the Services.
IV. USE OF REGISTRATION DATA
Member agrees that Peopleweb may disclose Registration Data and
information about Member's use of the Services provided that such
disclosures do not include Member's name, mailing address, email address,
telephone or facsimile number, or account number, except as authorized by
Member or Member's representative, or as required by law or legal process,
or as set forth in Paragraph VI below.
V. MODIFICATIONS TO THE TOTAL AGREEMENT AND TO SERVICES
A. The Total Agreement.
Peopleweb may change the Total Agreement from time to time. Member will be
notified of any changes to the Total Agreement by a startup screen
describing the changes, by a general notice posted on Peopleweb's web
site, by electronic mail to Member's CoolChannel Email address on record
in Peopleweb's account information, and/or by written communication sent
by mail to Member's current address of record in Peopleweb's account
information. By clicking on the I Accept button that
follows the posted changes, Member agrees to be bound by the modifications
to the Total Agreement, and/or Member's continued use of the Services
constitutes an affirmative: (1) acknowledgment by Member of the Total
Agreement and its modifications, and (2) agreement by Member to abide and
be bound by the Total Agreement and its modifications. If Member does not
click the I Accept button, Peopleweb may terminate Member's account.
B. The Services.
Peopleweb reserves the right to modify or discontinue, temporarily or
permanently, the Services with or without notice to Member. This includes
the right of Peopleweb to charge a fee for any or all of the Services, to
institute new fees or charges, and to change the Services. Member agrees
that Peopleweb shall not be liable to Member or any third-party for any
modification or discontinuance of the Services. Member will be notified of
any changes to the Services by a startup screen describing the
changes, by a general notice posted on Peopleweb's www.CoolChannel.com web
site, by electronic mail to Member's CoolChannel Email address on record
in Peopleweb's account information, and/or by written communication sent
by mail to Member's current address of record in Peopleweb's account
information. By clicking on the I Accept button that follows the posted
changes, Member agrees to be bound by the modifications to the Services,
and/or Member's continued use of the Services constitutes an affirmative:
(1) acknowledgment by Member of the modifications to the Services, and (2)
agreement by Member to abide and be bound by the Total Agreement and any
modifications. If Member does not click the I Accept button, Peopleweb may
terminate Member's account.
VI. PEOPLEWEB/CoolChannel PRIVACY POLICY
Peopleweb considers email and chat communications transmitted via the
Services to be the private correspondence between the sender and
recipient. Peopleweb will not monitor, edit or disclose the contents of a
Member's private communications, except that Member agrees Peopleweb may
do so: (a) as required by law; (b) to comply with legal process; (c) if
necessary to enforce the Total Agreement; (d) to respond to claims that
such contents violate the rights of third-parties; (e) to protect the
rights or property of Peopleweb or others; and (f) under exigent
circumstances, to protect the personal safety of its users or the public.
Member understands and agrees that technical processing of email and chat
communications is and may be required (a) to send and receive messages;
(b) to conform to the technical requirements of connecting networks; (c)
to conform to the limitations of the Services; or (d) to conform to other,
similar technical requirements.
Member acknowledges and agrees that Peopleweb does not endorse the content
of any Member communications and are not responsible or liable for any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, tortious, or otherwise objectionable content, or
content that infringes or may infringe the intellectual property or other
rights of another or that may facilitate any crime.
VII. MEMBER ACCOUNT, PASSWORD AND SECURITY
Member will receive a password and account designation upon completing the
registration process. Member is responsible for maintaining the
confidentiality of the password and account, and is fully responsible for
all activities which occur under Member's password or account. Member
agrees to immediately notify Peopleweb of any unauthorized use of Member's
password or account or any other breach of security.
Member agrees not to give Member's password and/or account designation to
anyone in a chat room. Any Member, especially those under the age of 18
years, should be very careful not to give personal information to
strangers in chat rooms.
VIII. MEMBER CONDUCT
A. General Requirements.
Member agrees to abide by all applicable local, state, national, and
international laws and regulations in Member's use of the Services, and
agrees not to interfere with the use and enjoyment of the Services by
other members. Member agrees to be solely responsible for the contents of
Member's transmissions through the Services.
Member agrees (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected to
the Services; (c) to comply with all requirements, procedures, policies
and regulations of networks connected to the Services; and (d) to comply
with all applicable laws regarding the transmission of technical data
exported from the United States.
Member agrees not to transmit through the Services any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind. Member
agrees not to transmit any material that violates the rights of another,
including but not limited to the intellectual property rights of another.
Member shall not interfere with another member's use and enjoyment of the
Services or another person or entity's use and enjoyment of similar
services. Member agrees not to transmit any material that violates any
applicable local, state, national, or international law or regulation, or
that encourages conduct that could constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law or regulation. Member agrees not to attempt
to gain unauthorized access to other computer systems or networks
connected to the Services.
The Services make use of the Internet to send and receive messages;
therefore, Member's conduct is subject to Internet regulations, policies,
and procedures. Member agrees not to transmit junk mail, spam, chain
letters, or unsolicited mass distribution of email.
B. Content Limitations.
Member agrees to refrain from using the Services (or any of them) for any
or all of the following activities: (a) displaying material containing
nudity or pornographic material; (b) providing expressions of bigotry,
prejudice, racism, hatred, or profanity; (c) promoting or providing
instructional information about illegal activities, promoting physical
harm or injury against any group or individual, or promoting any act of
cruelty to animals; (d) defaming any person or group;(e) providing
commercial services,
including but not limited to the following: (1) offering for sale any
products or services, (2) soliciting for advertisers or sponsors, (3)
displaying a sponsorship banner of any kind, including those that are
generated by banner or link exchange services, with the exception of those
requested to be displayed by Peopleweb, (4) displaying banners for
services that provide cash or cash-equivalent prizes to members in
exchange for hyperlinks to their web sites, (5) promoting or soliciting
for participation in multilevel marketing or pyramid schemes, and (6)
conducting raffles or contests that require any type of entry fee; (f)
displaying material that exploits people under 18 years of age; (g)
developing restricted or password-only access pages, or hidden pages or
images (those not linked to from another accessible page); (h) using your
page (or directory) as storage for remote loading or as a door or signpost
to another home page, whether inside or beyond www.peopleweb.com or
www.CoolChannel.com;
(i) committing, inducing, or contributing to acts of copyright, trademark,
patent, trade secret or other intellectual property infringement,
including but not limited to offering pirated computer programs or links
to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for
software programs, or any type of cracker utilities (this also includes
files which are solely intended for game emulation); (j) violating
Internet standards for
the purpose of promoting your home page; (k) developing home pages or
session posts that consist of hyperlinks to content not allowed in
www.peopleweb.com or www.CoolChannel.com; (l) having multiple Peopleweb or
CoolChannel addresses that are within the same Peopleweb or CoolChannel
neighborhood or which have the same theme; (m) using www.peopleweb.com or
www.CoolChannel.com or the Peopleweb Services for the purpose of gathering
personally identifiable information for
commercial or unlawful purposes; and (n) posting or disclosing any
personally identifiable information belonging to children.
C. Termination for Failure to Conform.
Peopleweb may, at its sole discretion, immediately terminate Services to
Member should Member's conduct fail to conform with these terms and
conditions of the Total Agreement.
IX. PEOPLEWEB/CoolChannel WEB PAGE REQUIREMENTS AND LIMITATIONS
A. Peopleweb/CoolChannel Banners
Member agrees either to place Peopleweb and CoolChannel banners on top of
Member's web page(s) or to support the Peopleweb advertising program.
Alternatively, Member may not place the Peopleweb and CoolChannel banners
on top of Member's web page(s) by paying a fee to be determined by
Peopleweb under its current fee and services structure.
B. Limitation on Number of Web Pages
Each Member is limited to one CoolChannel Web Page address per theme. Each
CoolChannel address gives Member a limited amount of disk space (subject
to current availability), but Member can have more disk space for Member's
files by paying a fee to be determined by Peopleweb under its current fee
and services structure.
C. Member's Responsibilities and Liability, Handling Complaints
Member is solely responsible for everything contained in Member's personal
CoolChannel web page(s). Member can be held legally liable for the
contents of Member's web page(s), including by publishing defamatory or
libelous comments or statements or any information that violates the
intellectual property rights (e.g., copyright, patent, trade secret, or
trademark rights) of another without the permission of the author or
owner.
If Peopleweb receives a complaint that the contents of any of Member's web
page(s) violate or infringe intellectual property rights or are otherwise
unlawful, Member understands and agrees that Peopleweb make take any and
all steps Peopleweb believes to be appropriate under the circumstances,
such as: (a) immediately taking any or portion or all of the web page(s)
off-line or suspending the web page(s); and (b) instructing the Member to
contact the complaining party. If Member and the complaining party are
able to resolve the dispute, Peopleweb may reactivate the web page(s) at
issue, together with any modifications on which Member and the complaining
party have agreed.
D. Peopleweb's Reservation of Rights and Limitations on Responsibilities
Member understands and agrees that Peopleweb is not responsible for the
delivery of any goods or services sold or advertised through Peopleweb's
sponsors or commercial web pages. Member also understands and agrees that
Peopleweb is not responsible for the content of any Peopleweb or
CoolChannel member's personal web page or any commercial web page, and
that the opinions and views expressed in any Peopleweb or CoolChannel
member's personal web pages or any commercial web pages do not reflect
those of Peopleweb, and that the contents of any Peopleweb or CoolChannel
member's personal web page or any commercial web page are not reviewed in
any way before they appear via the Peopleweb Services.
Member also understands and agrees that, if it appears to Peopleweb that
Member's web page(s) are infringing another's copyright, trademark,
patent, or other intellectual property rights, Peopleweb has the
unfettered right to delete all files and remove Member from the Peopleweb
and CoolChannel systems without warning.
Furthermore, in response to a subpoena, Peopleweb reserves the right to
disclose personal information about Member if Peopleweb believes that any
of Member's web page(s) are violating, or are being in connection with a
violation of, the law or are in violation of the content guidelines set
forth in the Total Agreement.
E. Removal of Web Pages
Member understands and agrees that Peopleweb has the right to remove any
Peopleweb or CoolChannel member's web page from the system that Peopleweb
finds, in its sole discretion, violates the Total Agreement or otherwise
is in violation of the law. Member understands and agrees that Peopleweb
does not actively monitor the content of Peopleweb's or CoolChannel's
members' web pages or commercial web pages. Member also understands and
agrees that Peopleweb is not responsible for
any loss of data resulting from Peopleweb's deletion of Member's web
page(s), or for deletion or corruption of Member's web page(s) due to
network or system
outages, file corruption, or any other reason.
X. CoolChannel CHATTING REQUIREMENTS AND LIMITATIONS
Member is entirely responsible and liable for all of Member's activities
conducted through any CoolChannel Chatting chat or forum session in which
Member participates. Member agrees not to violate Section VIII above or do
any of the following actions while using CoolChannel Chatting: (a) harass,
threaten, embarrass, or cause distress or discomfort upon another
CoolChannel Chatting participant, user or other individual or entity,
including the use of blatant expressions of bigotry, racism,
hatred or profanity; (b) transmit, via CoolChannel Chatting, any data
text, files, links, software, communication or other materials that
Peopleweb considers to be unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable; (c) partake in any activity that causes a
disruption in the normal delivery of the CoolChannel Chatting service; (d)
impersonate in Peopleweb chat any person; (e) post or transmit any
unsolicited
advertising or promotional materials.
XI. INDEMNITY
Member agrees to indemnify and hold Peopleweb and its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Member's use of the Services, Member's connection
to the Services, Member's violation of the Total Agreement, or violation
by Member (or another user of the Services using Member's computer) of any
rights of another, including intellectual property rights.
XII. NO RESALE OF SERVICES
Member's right to use the Services is personal to Member. Member agrees
not to resell the Services or use of or access to the Services, without
express written permission of Peopleweb.
XIII. CoolChannel MAIL STORAGE
Peopleweb assumes no responsibility for the deletion or failure to store
email messages. Peopleweb may establish an upper limit on the size of
message storage it will
maintain for Member.
XIV. TERMINATION
Member agrees that Peopleweb may terminate Member's password, account, or
use of the Services if Peopleweb believes (a) that Member has violated or
acted inconsistently with the letter or spirit of the Total Agreement, or
(b) that Member has violated the rights of Peopleweb or other members or
third parties. Member further agrees that Peopleweb may terminate Member's
password, account, or use of the Services if Member fails to use the
Services at least one time during a reasonable period of time as
determined by Peopleweb from time to time, which period shall not be less
than three months.
Member acknowledges and agrees that any termination of service under the
Total Agreement under any provision of the Total Agreement may be effected
without prior notice, and acknowledges and agrees that Peopleweb may
immediately delete email files in Member's account and bar any further
access to such files or the Services, and Peopleweb shall have no
obligation to forward any unread or un sent messages to Member or any
third party. Peopleweb shall not liable to Member or any third party for
termination of Services.
XV. DEALINGS WITH ADVERTISERS
Member's correspondence with or participation in promotions of advertisers
found on the Services, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between Member and such
advertiser. Member agrees not to hold Peopleweb 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 Services.
XVI. LINKS
The Services may provide, or members may include in email, links to other
web sites, web pages, or other resources. Member acknowledges and agrees
that Peopleweb 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. Member agrees that Peopleweb 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 such external sites or
resources.
XVII. PEOPLEWEB'S PROPRIETARY RIGHTS TO CONTENT
Member acknowledges and agrees that content, including but not limited to
text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented to
Member through the Services or advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and laws.
Member acknowledges and agrees that Member is permitted to use this
material and information only as expressly authorized by Peopleweb or
advertisers, and may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express
authorization.
XVIII. DISCLAIMER OF WARRANTIES
Member EXPRESSLY AGREES THAT USE OF THE Services IS AT Member's SOLE RISK.
THE Services ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
Peopleweb EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Peopleweb MAKES NO WARRANTY THAT THE Services WILL MEET Member's
REQUIREMENTS, THAT THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES Peopleweb MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE
USE OF THE Services OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE Services OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
Member UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE Services IS DONE AT
Member's OWN DISCRETION AND RISK AND THAT Member WILL BE SOLELY
RESPONSIBLE FOR ANY
DAMAGE TO Member's COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Peopleweb MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH OR FROM THE Services OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE Services.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Member FROM
Peopleweb OR THROUGH OR FROM THE Services SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
MEANING THAT SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XIX. LIMITATION OF LIABILITY
Member AGREES THAT Peopleweb SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE Services, OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
Services OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
Member's TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Peopleweb HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Member FURTHER AGREES THAT Peopleweb SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE Services,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR
EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEANING THAT SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
XX. CoolChannel SEARCH SERVICES
A. Disclaimer of Warranties
Peopleweb provides its searching services and search engine free.
Peopleweb explicitly disclaims any responsibility for the accuracy,
content, or availability of any information located in any search using
CoolChannel searching services. The content of the Internet is in constant
flux, meaning that Peopleweb's CoolChannel searching and indexing
techniques cannot possibly list all accessible sites and cannot guarantee
that all search results will not be offensive, vulgar, or obscene.
Accordingly, Peopleweb does not guarantee that Member's search results
will be complete or that the links associated with the listed web sites
will be accurate at the time of search.
THE Peoplweb SEARCHING SERVICES ARE PROVIDED AS IS. THUS, Peopleweb OFFERS
AND GIVES NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW.
B. No Control over Content of Web Sites
Peopleweb has control only over the content of www.peopleweb.com or
www.CoolChannel.com. Thus, the web sites displayed as search results or
otherwise linked to www.peopleweb.com or www.CoolChannell.com are
developed by individuals and entities over whom Peopleweb has no control.
Peopleweb cannot and does not screen or review any web sites before
including them in Peopleweb's index of web sites that can be searched.
Peopleweb, therefore, cannot and does not assume any
responsibility for the content of any web site that Member locates as the
result of a Peopleweb or CoolChannel search or that is linked to the
Peopleweb or CoolChannel web sites at www.peopleweb.com or
www.CoolChannel.com.
XXI. SPECIAL CLEARANCE FOR UNDER-18 MEMBERS
ATTENTION: IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU MUST GET PERMISSION
FROM AT LEAST ONE OF YOUR PARENTS OR YOUR GUARDIAN BEFORE YOU DO ANY OF
THE FOLLOWING ON OR THROUGH THE SERVICE: SEND ANY INFORMATION ABOUT
YOURSELF OR
OTHERS , PURCHASE ANY PRODUCT OR SERVICE, ENTER ANY CONTEST, GAME,
GIVE-AWAY, OR SWEEPSTAKES. IN ANY CASE, EVEN IF YOU GET PERMISSION FROM
ONE OF YOUR PARENTS OR YOUR GUARDIAN TO SUBMIT YOUR NAME TO BE PUBLICLY
POSTED ON THE
SERVICE, YOU SHOULD NEVER USE YOUR FULL NAME. JUST SUBMIT YOUR FIRST NAME
OR INITIALS.
ALSO, IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU AGREE TO READ, OR HAVE AT
LEAST ONE OF YOUR PARENTS OR YOUR GUARDIAN READ, THE Peopleweb PRIVACY
POLICY, WHICH IS ACCESSIBLE ON THE Peopleweb or CoolChannel WEB SITES AT
www.peopleweb.com
or www.CoolChannel.com.
Peopleweb ENCOURAGES YOU NEVER TO PROVIDE YOUR FULL NAME, ADDRESS,
TELEPHONE NUMBER, OR OTHER PERSONALLY IDENTIFYING INFORMATION TO ANYONE
VIA THE INTERNET. TO THIS END, Peopleweb REQUESTS THAT YOU OR ONE OF YOUR
PARENTS
OR GUARDIAN READ THE Peopleweb and CoolChannel PRIVACY POLICIES, WHICH
DESCRIBE THE Peopleweb POLICY REGARDING USE OF THE Services BY MINORS.
XXII. NOTICE
Any notice to Member or to the Services shall be made via either email or
regular mail. The Services may also provide notices of changes to the
Total Agreement or other matters by displaying notices to members
generally on the Services.
XXIII. GENERAL
The Total Agreement and the relationship between Member and Peopleweb
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. Member and Peopleweb agree to submit to
the personal and exclusive jurisdiction and venue of the courts located
within the State of California; Member and Peopleweb further agree that
any dispute between Member and Peopleweb filed in the federal courts must
be filed in the District Court for the Northern District of
California, and the parties agree to submit to the personal jurisdiction
and venue of the District Court for the Northern District of California.
The failure of Peopleweb to exercise or enforce any right or provision of
the Total Agreement shall not constitute a waiver of such right or
provision. If any provision of the Total Agreement is found by a court of
competent jurisdiction 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 the other provisions of the Total
Agreement remain in full force and effect.
Member agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services
or the Total Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the Total Agreement are for convenience only and
have no legal or contractual effect.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND
BY ALL OF ITS TERMS. 68043.LJ1
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