| Terms of Use |
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updated January 6, 2010
We welcome you to www.parentainment.com (“Website”) which is owned and operated by Parentainment.com, Inc. (“we” or “our”). Please review these Terms of Use, by which we provide services and which are a binding agreement that governs your use of the Website. By using or visiting the Website, you ("you" or "your") agree to that you have read, understand, and agree to abide by these Terms of Use. These Terms of Use may be revised by us from time to time, with or without notice; therefore, you should regularly review them. If you do not wish to be bound by these Terms of Use after you have read them, please leave the Website. If you remain on the Website, and/or on your subsequent returns, you agree to abide by these Terms of Use.
1. Privacy Policy
The Terms of Use include the Privacy Policy located by here, which is incorporated by this reference, and governs your use of the Website. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy.
2. User Eligibility/Conduct
By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 18 years of age.
As a user of the Website, you understand and agree that all data, graphics, information, messages or other materials created or used by you, or posted by us on your behalf or at your direction, whether published, displayed or transmitted, are your sole responsibility.
You agree to act responsibly and treat other Website users with respect. As a Website user, you agree not to:
a. violate any applicable local, state, provincial, regional, national, or international laws, statutes, and/or codes;
b. email, make available, post, upload, or transmit any content that is abusive, harassing, harmful, threatening, unlawful, violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or otherwise objectionable or you do not have a written right to transmit under any law or under any contractual agreement or relationship;
c. provide inaccurate, misleading or false information to us or to any other user. You agree to promptly notify us if any information provided to us or another user subsequently becomes inaccurate, misleading or false;
d. transmit any chain letters or junk E-mail; or otherwise abuse the services and facilities provided to you; or
e. post, copy, modify, transmit, show in public or private, create any derivative works from, 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.
You assume all risk when using the Website, including but not limited to all of the risks associated with any online or offline interactions with others, including friendships and dates you find through the Website. You agree to take all necessary precautions when meeting individuals through the Website. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Website or as to the conduct of such individuals.
You agree that any dealings with any advertiser found on the Website is solely between you and the advertiser, and we are not responsible or liable for any loss or damage incurred as a result of any such dealings. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your username and password. You are fully responsible for all use of your account and for any actions that take place using your account, including content posted in public areas or private e-mail messages.
We reserve the right, but have no obligation, to monitor the materials posted on the Website. We reserve the right to remove content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, profane, indecent or otherwise objectionable to us in our sole discretion. You agree that we may, with or without cause, immediately terminate your account and access to the Website without prior notice. You understand that if you set your profile as “public”, your profile may be viewed by other Website and internet users.
3. Subscriptions; Charges on Your Billing Account.
We bill you through an online account (your "Billing Account") for use of any Website services for which we charge (the “Services”). You agree to pay us all charges at the prices then in effect for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
Your non-termination or continued use of the Services reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive the Website’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 Services.
4. User Disputes
You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website users.
5. Proprietary Rights in Content
We own and retain proprietary rights in the Website and related services, which contain our copyrighted material, trademarks, and other proprietary information. By posting information or content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and 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 sub-licenses of the foregoing.
6. Copyrights
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such content.
All text, artwork, audio, software, and other creative works are the property of their creators or content suppliers and are protected by copyright laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or that of the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on the Website for personal, noncommercial and informational use only; provided that you may not, without our permission or that of the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
If you believe that the Website or any user has infringed your copyright in any material way, please notify the Website's Copyright Agent, and provide the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
b. an identification of the copyrighted work claimed to have been infringed;
c. an identification of the material that you claim is infringing so that we may locate it on the Website;
d. your address, telephone number and email address;
d. a 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; and
e. a statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
You can contact the Website's Copyright Agent at copyright@parentainment.com.
7. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.
WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
8. Exclusion of Damages
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. Limitation of Liability
IN NO EVENT WILL OUR LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE EXCEED $10.00.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE MAY NOT APPLY TO YOU.
10. Indemnity
You agree to defend, hold harmless, and indemnify us from and against any and all claims, damages, costs, debt, losses, liabilities, obligations, and expenses arising from your use of and access to our Website; any violation of by you of these Terms of Use; any violation by you of any third party right; or any claim levied against you, that your submission caused damage to a third party.
11. Third Party Websites, Information and/or Services
THE THIRD-PARTY WEBSITES, INFORMATION OR SERVICES LINKED OR OFFERED TO OR FROM THE WEBSITE ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES, INFORMATION OR SERVICES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES, INFORMATION OR SERVICES. YOUR USE OF THIRD-PARTY WEB SITES, INFORMATION OR SERVICES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK OR AD FOR A THIRD-PARTY WEB SITE, INFORMATION OR SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
12. Governing Law; Venue and Jurisdiction
These Terms of Use and the relationship between you and the Website shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. Arbitration held in Los Angeles, California shall be the exclusive dispute resolution process used by the parties hereto. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation.
13. Miscellaneous
No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent.
Trademarks and copyrights contained herein are the property of their respective owners. By using this Website you agree to our Terms of Use and to our Privacy Policy.
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