Note: You are entering into and concluding a legally binding agreement.
This agreement was last updated June 24, 2010.
a. Electronic Agreement.
b. Electronic Form and Non-electronic Copy.
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to customerservice@Pounse.com with the subject "REQUEST ELECTRONIC CONSENT" and your full name and mailing address in the body of the email.
c. Withdrawing Your Consent.
You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
d. Access and Retention.
(i) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to customerservice@Pounse.com with the subject "WITHDRAW ELECTRONIC CONSENT" and your full name and then-current username in the body of the email.
(ii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above, and not before we have processed such notice. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
By using the Website, Pounse, any Services or registering as a Member of Pounse, you agree that you (a) are at least eighteen (18) years of age; (b) have not previously been suspended or removed from Pounse; (c) are not a direct competitor of Pounse; (d) are not an employee of, a consultant to, or otherwise affiliated with a direct competitor of Pounse; (e) do not have more than one (1) Pounse account at any time; (f) have full power, authority and capacity to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Pounse, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service. Membership in the Service and use of the Website is void where prohibited.
3. WHAT YOU MUST DO - Your obligations under this Agreement.
By entering this Agreement, you agree to at all times:
4. Pounse DOs AND DON'Ts.
(ii) Keep your account secure. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Pounse.com of any unauthorized use of your username or password or any other breach of security by emailing us at customerservice@Pounse.com with the subject "ACCOUNT BREACH"; (b) ensure that you exit from your account by logging out at the end of each session; (c) not use other Members' accounts not let others use your account. Pounse.com will not be liable for any loss or damage arising from your failure to comply with this provision, and you will be responsible for anything that happens through your account until you notify us of a breach of your account security and we process your notice. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your, username password or other personal information. If you share your computer with others, you may wish to consider disabling cookies on your computer using your browser settings.
(iii) Keep all private information confidential. Pounse provides various means through which you can post or transmit observations, comments and other personal information or ideas to other users or groups of users. LinkedIn cannot guarantee that other members will not use any ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use or know, do not post it on the Service. Pounse is not responsible for a member's misuse or misappropriation of an content or information you post or transmit through or on Pounse.com.
(iv) Use only non-commercially. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You may not use Pounse if you are employed by one of our direct competitors, work as a consultant to one of our direct competitors or are otherwise affiliated with one of our direct competitors. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Pounse.com, which may be revoked at any time, for any reason or for no reason at all, in Pounse.com's sole discretion.
(v) Indemnify us completely. You indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Pounse or (c) any activity in which you engage on or through Pounse.
(vi) Pay for Premium Membership and any other paid services elected into. You must pay allapplicable fees (including, without limitation, monthly fees for Premium membership, and paid gifts) you have subscribed to or have agreed to pay as they become due, plus any related taxes and reimburse us for any collection costs and interest for any overdue amounts.
(vii) Notify us of acts contrary to the Agreement. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
(viii) Agree to terms of mobile service. Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Pounse account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
(ix) Licence and warrant your submissions and any content posted. By posting Content to any area of Pounse.com, you automatically grant, and you represent and warrant that you have the right to grant, to Pounse, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to to use, copy, perform, display, reproduce, adapt, modify, improve, publish, remove, retain, add, use and commercialize, in any way now known or in the future discovered, distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. You further represent and warrant that public posting and use of your content by Pounse.com will not infringe or violate the rights of any third party.
(x) Agree to our right to monitor, alter and/or delete any content. You understand and agree that Pounse.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Pounse.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
(xii) TAKE SOLE RESPONSIBILITY FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT Pounse.COM DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES Pounse.COM INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. Pounse.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL Pounse.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW Pounse.COM'S SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT Pounse.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), LOGIN INFORMATION, FULL NAME, WORK OR LIVING ADDRESS OR ANY OTHER PERSONAL INFORMATION TO OTHER MEMBERS. YOU ARE SOLELEY RESPONSIBLE FOR THE CONTENT THAT YOU PUBLISH OR DISPLAY ON THE SERVICE (HEREINAFTER "POST") OR TRANSMIT TO OTHER MEMBERS.
As a part of this Agreement, you agree to strictly abide by the following DOs and DON'Ts at all times.
(i) Do comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements.
(iii) Do provide accurate information to us and update it as necessary; all information you include in your Member profile must be accurate, current and complete.
(iv) Do review and comply with notices sent by Pounse.
5. Membership and Subscription; Pricing.
(v) Don't reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Pounse, or any part thereof
(vi) Don't adapt, modify or create derivative works based on Pounse or technology underlying the Services, or other Users' content, in whole or part.
(vii) Don't utilize information, content or any data you view on and/or obtain from Pounse to provide any service that is competitive, in Pounse's sole discretion, with Pounse
(ix) Don't engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Pounse.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Pounse.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period or any other time period to a number which we deem appropriate in our sole discretion.
(x) Don't provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Pounse.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Pounse.com and any relevant Member of such change. You are solely responsible for the Content that you post or transmit to other Members.
(xi) Don't loan, trade, rent, lease, sell/re-sell access to Pounse or any information therein, in whole or part
(xii) Don't impersonate any person or entity.
(xiii) Don't "stalk" or otherwise harass any person.
(xiv) Don't use or attempt to use another Member's account or create a false identity on Pounse.
(xv) Don't infringe or use Pounse.com's brand, logos and/or trademarks, including, without limitation, using the word "Pounse" in any business name, email, or URL or including Pounse's trademarks or logos on any website without authorization
(xvi) Don't express or imply that any statements you make are endorsed by Pounse.com without our specific prior written consent.
(xvii) Don't use any robot, spider, site search/retrieval application, or other manual or automatic or automated device, means or process to retrieve, index, access, "data mine", "scrape", "crawl" or "spider" any web pages contained in the site or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
(xviii) Don't post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(xix) Don't remove any copyright, trademark or other proprietary rights notices contained in the Service.
(xx) Don't interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
(xxi) Don't post, email or otherwise transmit 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 associated with or used by Pounse.
(xxii) Don't forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(xxiii) Don't "frame" or "mirror" any part of the Service or the Website, without Pounse.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Pounse.com or the Service or the site in order to direct any person to any other web site for any purpose.
(xxiv) Don't modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
(xxv) Don't create or maintain multiple accounts on Pounse at any time.
(xxvi) Don't send invications to join Pounse to any individuals you do not know.
(xxiv) Don't send friend requests to any individuals you do not have a relationship with outside of Pounse.
(xxvii) Don't send Pounse invitations to yourself or email accounts operated to others you know are ineligible to use Pounse, whether for the purpose of creating multiple accounts, invitation storage for later account creation or for any other purpose.
(xxviii) Don't deep-link to the Site for any purpose (i.e. including a link to a Pounse web page) other than to Pounse's home page, "Learn More" tour pages or public "Events" pages
(xxix) Don't access, reload or refresh or make any other request to servers used by Pounse to provide our Services more than once during any three second interval
(xxx) Don't use automated methods to add contacts, send messages or conduct other permitted activities
(xxxi) Don't attempt to access Pounse by any means other than through the interfaces provided by Pounse
(xxxii) Don't attempt to override any security component of Pounse.com
(xxxiii) Don't engage in any activity that interferes with the proper working of or places an unreasonable load on infrastructure used by Pounse, including but not limited to any servers or networks connected to Pounse, with these activities including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; don't disobey any requirements, procedures, policies or regulations of networks connected to Pounse
(xxxiv) Don't post on the Service, or transmit to other Members, any telephone numbers, street addresses, last names, URLs, email addresses, unique personal identifying information or usernames on other websites or information which is confidential in nature, or for which there is no field provided by Pounse.
(xxxv) Don't post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
(xxxvi) Don't share the ratings you have provided other users or friends with any other person; keep this information secure and private. Working with other members or users to determine the scores individuals rated friends and other app users is a violation of these terms of service and is prohibited. However, the possiblility that any ratings you provide may be determined in this way and a waiver against the absolute privacy of your data must be accepted as a part of this agreement.
(xxxvii) Don't post, share or upload Content onto the Website or into your account that is illegal or prohibited. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Pounse.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
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," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 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 personal identifying information for commercial or unlawful purposes from other users;
solicits any personal financial information or attempts to make financial agreements or arrangements with any Members for any purpose;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; and/or
contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Pounse or Member of Pounse.
6. Subscriptions; Charges on Your Billing Account.
a. General. Pounse.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Pounse.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Pounse.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Pounse.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
7. Modifications to Service.
b. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Pounse.com MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY Pounse.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Pounse.com REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Pounse.com IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE Pounse.com ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Pounse.com MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Pounse.com).
d. Billing payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Pounse.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Pounse.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Pounse.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
f. Auto-renewal. Your Pounse.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Pounse.com is authorized to charge your Payment Method. Pounse.com may submit those charges for payment and you will be responsible for such charges. This does not waive Pounse.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
h. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
i. Promotional payments and charity donations. Pounse.com may award promotional payments ("Deposits") to subscribers in return for members they recruit to Pounse.com, and for any other reason deemed warranted by Pounse.com. These payments may be awarded or discontinued at any time on an individual, group or general basis at the sole discretion of Pounse.com. No guarantee of the continuation of these payments is expressed or implied. Payments are discretionary by Pounse.com and are subject to all of the requirements specified in the Pounse Payment Policy section below. These deposits are subject to taxation as described in state and federal laws; consult your tax code and a legal advisor to determine what tax payments you are subject to and responsible for. Pounse may agree to make donations to certain charities over defined time periods. Donations made on the basis of members invited to join Pounse will be subject to the following requirements: (1) a current user invites that new member to join using a traceable invitation method, including email invitation, Facebook invitation or unique URL; (2) that new member signs up using a valid email address; (3) that new member completes their profile, including uploading a valid and discernible picture of themselves; (4) that new member signs up within the time frame indicated for the charity donation event.
j. Promotional payment accounts. Deposits will be executed exclusively between Pounse.com and the user's PayPal account ("Payment Account") or Facebook Credits account. All users wishing to receive promotional financial Deposits must open and maintain an active PayPal bank account or Facebook account to receive payment. The terms of your payment will be determined by agreements between you and these third-parties. If Pounse.com is unable or unsuccessful in making deposits into the Payment Account(s), the Company may choose to contact you to resolve this error using the contact information provided to Pounse.com, may delay or cancel payments, or may change the anticipated amount of promotional payments made, as is described in the Pounse Payment Policy section below.
k. Payment Policy. Promotional payment deposits are made at the sole discretion of Pounse and are described within other portions of the Site. All payments are completely voluntary, subject to financial constraints and at no time is Pounse liable for any promotional payments described on the Site.
Pounse.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pounse.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Use of Facebook with Pounse through Facebook Connect, our Facebook Canvas App or the FriendRate App.
By signing up for Pounse with Facebook Connect, using our Facebook canvas app, or by linking your existing Pounse account to your Facebook account, you may simplify the signup process, can maintain one set of login credentials, access more profiles and enable many new features on Pounse. Below is a summary of what information we access from your Facebook account and how it is used on Pounse.
a. What data we access. When you link your Facebook account to Pounse, Pounse is able to access the basic information accessible through the Facebook API. This data includes your name, interests, tagged photos, pages you like, friends and location. When you approve the FriendRate app on Facebook, FriendRate can access your profile information including friends list, profile photo, user ID and name.
9. Customer Service.
b. How this data is used. Pounse uses data from Facebook to build your profile, help you find your FB friends on Pounse, let your friends connect through you, and allow you to appear in our search and match results. Pounse also lets your Facebook friends who are Pounse members see your other Facebook friends, just like they can on Facebook. Pounse's usage of your Facebook data is controlled by what you specify in your Pounse profile and account info, as well as your Facebook privacy settings. On FriendRate, information is used to present your picture to friends and other members and record their ratings of your profile picture. We also record members you added to your Favorites and share hints about your ratings to friends, and aggregate information about received scores to all app users.
c. What gets published on Facebook. Pounse does not post anything back to Facebook without you explicitly asking us to. Occasionally we will ask you if you want to post things back to your Facebook wall, invite friends to use Pounse, or post a note about something that has happened recently on Pounse. Whenever we do this, you will be asked whether or not you want to publish this information back to Facebook, and it will not be done without your approval. FriendRate may publish wall posts to friend walls and dashboard notifications to all members upon your rating or adding a member to your favorites.
d. Managing your application settings. You can manage your Pounse Facebook Connect application settings and FriendRate settings from within your Facebook account. Simply go to the "Application Settings" section of your "Settings" menu. Here you can control your Constant Authorization and Publishing settings, bookmark Pounse or remove Pounse or FriendRate as an application linked to your Facebook account.
Pounse may provide assistance and guidance through customer care representatives. When communicating with Pounse's customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership without refund of unused subscription fees and take any legal action deemed necessary or appropriate at the sole discretion of Pounse.com.
10. Content on Pounse.com and FriendRate
a. Proprietary Rights. Pounse.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Pounse.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
11. Blocking of IP Addresses.
b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Pounse.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Pounse.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Use of the automated "Wingman" and "Wing Woman" advice is for novelty purposes only. Pounse.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. Under no circumstances will Pounse.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
In order to protect the integrity of the Service, Pounse.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
12. Member Disputes.
You are solely responsible for your interactions with other Pounse.com Members. Pounse.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Pounse.com's Copyright Agent can be reached for notice of claims of copyright infringement as the following address: Copyright Agent, Pounse LLC, P.O. Box 1304, Manhattn Beach, CA 90267.
15. Our rights and obligations.
Pounse's purpose is to facilitate introductions and relationships regionally and across the US. To this end, Pounse will provide, the Pounse Services through our proprietary tools and rules which Pounse may update, change or discontinue at any time and at Pounse's sole distraction. We allow you to access Pounse as it may exist and be accessible to you on any given day, but have no obligation to do so. Pounse reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice, and with or without reason. Pounse also has no obligation to store, maintain or provide you a copy of any content that you or other Users provide or have provided while using the Services - so if you're afraid you might loose something, be sure to back it up. We have no other obligations, except as may be expressly stated in this Agreement.
We may modify, replace, refuse access to, suspend or discontinue Pounse, partially or entirely, or to charge and modify prices for Pounse at our sole discretion. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Pounse and all related items.
Pounse may include or automatically produce links to third party web sites ("Third Party Sites"). Pounse is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Pounse may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Pounse and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Pounse or relating to any applications you use or install from the site.
Pounse may monitor the information in your account, modify content as we deem fit and/or cancel your account at any time for any or no reason and with or without prior warning. Pounse may also create test user accounts to test site functionality in a live environment. Pounse may block IP addresses of users who we believe may have violated this Agreement in the past, including situations when group access through one IP address is used.
Pounse has the right, but no obligation to provide, organize or facilitate the creation of offline events. Pounse may allow users to invite their friends and members they meet on Pounse to these events, but has no obligation to conduct, monitor, manage or promote these events or who attends these events, even when implied otherwise. Pounse may discontinue or cancel any event at any time at our sole discretion.
You are solely responsible for your interactions with other members both online and offline. Pounse reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account or ban you from Pounse events if Pounse determines, in its sole discretion, that doing so is prudent. Please see our Safety Tips for additional guidelines on handling interactions.
16. Limitation of Liability.
Except in jurisdictions where such provisions are restricted, in no event will Pounse, LLC or any of its subsidiaries, employees, shareholders or directors ("Pounse Affiliates") be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, consequential or punitive damages, including also lose of use, profit, revenue or data to you or any third person arising from your use of the Web site or the Service, even if Pounse.com has been advised of or is aware of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Pounse.com's 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 Pounse.com for the Service during the past six (6) months of membership, or $100, whichever is greater. The limitation of liability described herein shall (1) apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and (2) not apply to any damage that Pounse Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from this Agreement.
Pounse.com is 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 or by any of the equipment or programming associated with or utilized in the Service. Pounse.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Pounse.com assumes 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. Pounse.com is 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Pounse.com or any of its affiliates, advertisers, promoters or distribution partners 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 any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Pounse.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Pounse.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Other member profiles may be inactive without any warning, and communication sent to them may remain unread. Communication you send to other member accounts, active or inactive, may be filtered by that user's privacy settings and may never reach them. Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, emotional, relationship or other advice. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. Term and termination.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Billing & Income pages in Edit Profile and Settings. If you terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If you terminate your membership, you will lose access to Pounse.com. The terms of this Agreement shall survive any termination, except as prohibited. Pounse.com may terminate your membership and/or subscription for any or no cause, at any time, and with or without notice, effective immediately or as may be specified in the notice. If Pounse.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Pounse.com. Pounse.com is not required to provide you notice prior to terminating your membership and/or subscription. Pounse.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pounse.com has no control over such sites and resources, you acknowledge and agree that Pounse.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pounse.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 the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
20. U.S. Export Controls.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. International usage.
This Site is controlled and operated by the Company from its offices within the United States of America. The Company makes no representation that the Site, Applications, or related information offered by the Company are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
22. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel judicial action or enforcejudicial awards in any court of competent jurisdiction.
23. Indemnity by You.
You agree to indemnify and hold Pounse.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement (including but not limited to your content and materials, your use of the Site, or your violation of any third party's rights including such party's copyrights and trademarks) and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
24. Third Party Beneficiaries.
Pounse Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
25. No informal waivers, agreements or representations.
Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Pounse Affiliate shall be deemed legally binding on any Pounse Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Pounse.com.
This Agreement contains the entire agreement between you and Pounse.com regarding the use of the Website and/or the Service. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
27. Entire agreement.
These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches.
Please contact us with any questions regarding this agreement.
"Pounse" and "Pounse.com" are trademarks of Pounse, LLC - All Rights Reserved