Terms of Service
About Adoptee Network:
Adoptee Network is a social network tool designed to connect adoptees from around the world. This site serves as a portal for those who are interested in connecting with other adoptees, learning about culture, and finding opportunities to communicate our message to the world. We are proud to be the #1 networking site for adoptees and pride ourselves in a clean and suitable environment for safe online networking.
You must understand, agree, and endorse our Mission and Vision statement as a requirement for membership. You must also follow the Code of Conduct as printed here. Failure to do so can result in removal from the Adoptee Network Network.
CODE OF CONDUCT
We believe according to our Vision & Mission that a code of conduct needs to be read and adhered to. The ‘short’ list of things we do not allow are as follows:
1. Offensive material including:
a. inappropriate pictures (nudity, suggestive poses) b. language (racial slurs, cursing) c. inappropriate blog topics
2. Offensive nicknames “handles,”
(offensive profile name).
3. Promoting or involving oneself in
illegal activity on the website.
4. Sending out “spam” mail.
5. Soliciting.
The ‘long’ legal list below is a partial list of the kind of content that is illegal or prohibited on the Website. Posting of any of this content, in our sole discretion, can result in a termination of your account. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited content includes, but is not limited to, content which, in our sole judgment:
-is offensive to the online community (racism, bigotry, hatred or physical harm of any kind against any group or individual;
-harasses or advocates harassment of another person;
-involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
-includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
-constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files.
-displays pornographic or sexually explicit material of any kind;
-includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
-provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
-solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
-constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;.
-solicits people you don't know to add you or accept you as a friend on the Service.
TERMS OF SERVICE
Welcome to Adoptee Network, a social networking community that enables people to connect with one another through friend-networking. The Adoptee Network website is a company that is owned and operated by Second Adoption Media, LLC ("we," "us,” "Adoptee Network" or “Second Adoption Media LLC”). By using the Adoptee Network website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). If you would like to become a member, or use the Adoptee Network services, you must read and accept this Agreement. This must be done on the signup page by checking the “Accept” box after fully reading the terms of service.
This Agreement below contains the legally binding terms of the use of this website. Your membership to this service may be modified at anytime without prior notice. All changes to the website or your membership will be posted and your usage of the website service after such posting will constitute your agreement to the particular modification. Any changes to the website will be incorporated into this agreement. You can find copies of this particular Terms of Service agreement here.
1. Eligibility. You must be thirteen or over to use the Website services and register as a member. Use of the website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, 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.
2. Term. This Agreement will remain in full effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Options page in Account Settings. We may also terminate your membership for any reason, at any time. If you are using a paid version of the Service, and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
3. Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. You may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Adoptee Network or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Adoptee Network profile or other content uploaded on the Website for the purpose of extracting such information or other content.
4. Proprietary Rights in Content. a. Rights in Content Posted by Adoptee Network or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Adoptee Network, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case. b. Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Adoptee Network an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
5. Content Posted by You to the Service and the Website. a. Profile Information. PLEASE NOTE: The Service includes an option which allows Members to determine who may view their full profile. These levels are variable. If you are an individual Member, and you choose to allow your Adoptee Network profile to be viewed by "Anyone," you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all of the information in your profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR Adoptee Network PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC. b. Public Profile Information. Regardless of what personal information a you choose to include in your Adoptee Network profile, or what level of sharing of your profile you choose, certain information about every Adoptee Network Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Adoptee Network profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member: -Name (first, or first and last, depending on which option the Member chooses)
-Gender
-Age
-Location
-"Member Since" date
-The URL of the Member's Adoptee Network profile
c. Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member. d. Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service, or transmit to other Members. e. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment: -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; -harasses or advocates harassment of another person; -involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication; -includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous; -constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files. -displays pornographic or sexually explicit material of any kind; -includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18; -provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; -solicits passwords or personally identifying information for commercial or unlawful purposes from other Members; -constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;. -solicits people you don't know to add you or accept you as a friend on the Service. Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections below for further limitations on our liability.
6. Further Restrictions on Your Use of the Website and the Service. a. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations. b. Although Adoptee Network cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Adoptee Network. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.
7. Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
8. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.
9. Disclaimers. a. We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service. b. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. c. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.
10. Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
11. Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Austin, Texas for the resolution of any such dispute.
12. Indemnity. You agree to indemnify and hold Adoptee Network, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
13. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
14. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section Term, Section Proprietary Rights in Content, Section Member Disputes, Section Disclaimers, Section Limitation on Liability, Section Disputes, Section Indemnity, Section Survival, and Section Other.
15. Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. 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.
About Adoptee Network:
Adoptee Network is a social network tool designed to connect adoptees from around the world. This site serves as a portal for those who are interested in connecting with other adoptees, learning about culture, and finding opportunities to communicate our message to the world. We are proud to be the #1 networking site for adoptees and pride ourselves in a clean and suitable environment for safe online networking.
You must understand, agree, and endorse our Mission and Vision statement as a requirement for membership. You must also follow the Code of Conduct as printed here. Failure to do so can result in removal from the Adoptee Network Network.
CODE OF CONDUCT
We believe according to our Vision & Mission that a code of conduct needs to be read and adhered to. The ‘short’ list of things we do not allow are as follows:
1. Offensive material including:
a. inappropriate pictures (nudity, suggestive poses) b. language (racial slurs, cursing) c. inappropriate blog topics
2. Offensive nicknames “handles,”
(offensive profile name).
3. Promoting or involving oneself in
illegal activity on the website.
4. Sending out “spam” mail.
5. Soliciting.
The ‘long’ legal list below is a partial list of the kind of content that is illegal or prohibited on the Website. Posting of any of this content, in our sole discretion, can result in a termination of your account. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited content includes, but is not limited to, content which, in our sole judgment:
-is offensive to the online community (racism, bigotry, hatred or physical harm of any kind against any group or individual;
-harasses or advocates harassment of another person;
-involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
-includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
-constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files.
-displays pornographic or sexually explicit material of any kind;
-includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
-provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
-solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
-constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;.
-solicits people you don't know to add you or accept you as a friend on the Service.
TERMS OF SERVICE
Welcome to Adoptee Network, a social networking community that enables people to connect with one another through friend-networking. The Adoptee Network website is a company that is owned and operated by Second Adoption Media, LLC ("we," "us,” "Adoptee Network" or “Second Adoption Media LLC”). By using the Adoptee Network website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). If you would like to become a member, or use the Adoptee Network services, you must read and accept this Agreement. This must be done on the signup page by checking the “Accept” box after fully reading the terms of service.
This Agreement below contains the legally binding terms of the use of this website. Your membership to this service may be modified at anytime without prior notice. All changes to the website or your membership will be posted and your usage of the website service after such posting will constitute your agreement to the particular modification. Any changes to the website will be incorporated into this agreement. You can find copies of this particular Terms of Service agreement here.
1. Eligibility. You must be thirteen or over to use the Website services and register as a member. Use of the website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, 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.
2. Term. This Agreement will remain in full effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Options page in Account Settings. We may also terminate your membership for any reason, at any time. If you are using a paid version of the Service, and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
3. Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. You may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Adoptee Network or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Adoptee Network profile or other content uploaded on the Website for the purpose of extracting such information or other content.
4. Proprietary Rights in Content. a. Rights in Content Posted by Adoptee Network or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Adoptee Network, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case. b. Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Adoptee Network an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
5. Content Posted by You to the Service and the Website. a. Profile Information. PLEASE NOTE: The Service includes an option which allows Members to determine who may view their full profile. These levels are variable. If you are an individual Member, and you choose to allow your Adoptee Network profile to be viewed by "Anyone," you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all of the information in your profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR Adoptee Network PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC. b. Public Profile Information. Regardless of what personal information a you choose to include in your Adoptee Network profile, or what level of sharing of your profile you choose, certain information about every Adoptee Network Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular Adoptee Network profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member: -Name (first, or first and last, depending on which option the Member chooses)
-Gender
-Age
-Location
-"Member Since" date
-The URL of the Member's Adoptee Network profile
c. Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member. d. Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service, or transmit to other Members. e. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment: -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; -harasses or advocates harassment of another person; -involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication; -includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous; -constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files. -displays pornographic or sexually explicit material of any kind; -includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18; -provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; -solicits passwords or personally identifying information for commercial or unlawful purposes from other Members; -constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;. -solicits people you don't know to add you or accept you as a friend on the Service. Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections below for further limitations on our liability.
6. Further Restrictions on Your Use of the Website and the Service. a. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations. b. Although Adoptee Network cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Adoptee Network. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.
7. Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
8. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.
9. Disclaimers. a. We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service. b. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. c. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.
10. Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
11. Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Austin, Texas for the resolution of any such dispute.
12. Indemnity. You agree to indemnify and hold Adoptee Network, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
13. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
14. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section Term, Section Proprietary Rights in Content, Section Member Disputes, Section Disclaimers, Section Limitation on Liability, Section Disputes, Section Indemnity, Section Survival, and Section Other.
15. Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. 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.