Terms & Conditions

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puchipucca
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Terms & Conditions

Post by puchipucca » Mon Jan 12, 2009 12:52 pm

Terms and Conditions of Use
Terms & Conditions:

PuchiPucca.com Terms of Service Agreement

Welcome to PuchiPucca.com! We are a social networking service that allows Members to connect with people via individual personal profiles online in order to find and communicate with old and new friends and share their interests with one another. The services offered by PuchiPucca.com ("PuchiPucca.com" or "we") include the PuchiPucca.com website (the "PuchiPucca Website") and any other features, content, or applications offered from time to time by PuchiPucca.com in connection with the PuchiPucca Website (collectively, the "PuchiPucca Services"). The PuchiPucca Services are hosted in the U.S.

This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the PuchiPucca Services. By using the PuchiPucca Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PuchiPucca Website) or you are a "Member" (which means that you have registered with PuchiPucca.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the PuchiPucca Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the PuchiPucca Website and discontinue use of the PuchiPucca Services immediately. If you wish to become a Member, communicate with other Members and make use of the PuchiPucca Services, you must read this Agreement and indicate your acceptance during the Registration process.

PuchiPucca.com may modify this Agreement at any time and without any prior notice. Any modifications shall be effective upon posting by PuchiPucca.com on the PuchiPucca Website. You agree to be bound to any changes to this Agreement when you use the PuchiPucca Services after any such modification is posted.

This Agreement includes PuchiPucca.com's policy for acceptable use of the PuchiPucca Services and Content posted on the PuchiPucca Website, your rights, obligations and restrictions regarding your use of the PuchiPucca Services and PuchiPucca.com's Privacy Policy. In order to participate in certain PuchiPucca Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the PuchiPucca Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Please be careful about deciding on which information you post on PuchiPucca.com and that you provide to other Users. Your PuchiPucca.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other PuchiPucca.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and PuchiPucca.com assumes no responsibility or liability for this material. If you become aware of misuse of the PuchiPucca Services by any person, please contact PuchiPucca.com or email [email protected].

PuchiPucca.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the PuchiPucca Services at any time, for any or no reason, with or without prior notice, and without liability. PuchiPucca.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of PuchiPucca Services if PuchiPucca.com determines, in its sole discretion, that you pose a threat to PuchiPucca.com and/or its Users.

1. Eligibility. Use of and Membership in the PuchiPucca Services is void where prohibited. By using the PuchiPucca Services, 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 14 years of age or older; and (d) your use of the PuchiPucca Services 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 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the PuchiPucca Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. PuchiPucca.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Fees. You acknowledge that PuchiPucca.com reserves the right to charge for the PuchiPucca Services and to change its fees from time to time in its discretion. If PuchiPucca.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PuchiPucca.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The PuchiPucca Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PuchiPucca.com. Illegal and/or unauthorized use of the PuchiPucca Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PuchiPucca Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the PuchiPucca Services.

6. Proprietary Rights in Content on PuchiPucca.com.

A. PuchiPucca.com does not claim any ownership rights in the text, files, images, messages, photos, video, sounds, musical works, works of authorship, or any other materials, data or information (collectively, "Content") that you post to the PuchiPucca Services. After posting your Content to the PuchiPucca Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the PuchiPucca Services, you hereby grant to PuchiPucca.com a license to use, copy, modify, publicly perform, publicly display, reproduce, and distribute such Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize the sublicenses of such Content and any derivative works. Without this license, PuchiPucca.com would be unable to provide the PuchiPucca Services.

The license you grant to PuchiPucca.com is irrevocable, perpetual, transferable, non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide (because the Internet and the PuchiPucca Services are global in reach).

B. You represent and warrant that: (i) you own the Content posted by you on or through the PuchiPucca Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PuchiPucca Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the PuchiPucca Services.

C. The PuchiPucca Services contain Content of PuchiPucca.com ("PuchiPucca.com Content"). PuchiPucca.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PuchiPucca.com owns and retains all rights in the PuchiPucca.com Content and the PuchiPucca Services. PuchiPucca.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PuchiPucca.com Content (excluding any software code) solely for your personal use in connection with viewing the PuchiPucca Website and using the PuchiPucca Services.

D. The PuchiPucca Services contain Content of Users and other PuchiPucca.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PuchiPucca Services.

7. Content Posted.

A. PuchiPucca.com may delete any Content that in the sole judgment of PuchiPucca.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PuchiPucca.com assumes no responsibility for monitoring the PuchiPucca Services for inappropriate Content or conduct. If at any time PuchiPucca.com chooses, in its sole discretion, to monitor the PuchiPucca Services, PuchiPucca.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

B. You are solely responsible for the Content that you post on or through any of the PuchiPucca Services, and any material or information that you transmit to other Members and for your interactions with other Users. PuchiPucca.com does not endorse and has no control over the Content. Content is not necessarily reviewed by PuchiPucca.com prior to posting and does not necessarily reflect the opinions or policies of PuchiPucca.com. PuchiPucca.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PuchiPucca Services. PuchiPucca.com reserves the right to investigate and take appropriate legal action against anyone who, in PuchiPucca.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the PuchiPucca Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PuchiPucca.com:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. threatens, harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. 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 music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the PuchiPucca Website and through your use of the PuchiPucca Services. PuchiPucca.com reserves the right to investigate and take appropriate legal action against anyone who, in PuchiPucca.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. advertising to, or solicitation of, any Member to buy or sell any products or services through the PuchiPucca Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the PuchiPucca Services 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, PuchiPucca.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PuchiPucca.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the PuchiPucca Services, you acknowledge that you will have caused substantial harm to PuchiPucca.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PuchiPucca.com $50 for each such unsolicited email or other unsolicited communication you send through the PuchiPucca Services;

3. covering or obscuring the banner advertisements on your personal profile page, or any PuchiPucca.com page via HTML/CSS or any other means;

4. any automated use of the system, such as using scripts to add friends or send comments or messages;

5. interfering with, disrupting, or creating an undue burden on the PuchiPucca Services or the networks or services connected to the PuchiPucca Services;

6. attempting to impersonate another Member or person;

7. any bots, hacks, and data-mining programs;

8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

9. selling or otherwise transferring your profile;

10. using any information obtained from the PuchiPucca Services in order to harass, abuse, or harm another person;

11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the PuchiPucca Services on behalf of that person, such as placing commercial content on your profile, posting blogs, messages or bulletins with a commercial purpose, or sending private messages with a commercial purpose;

12. using the PuchiPucca Services in a manner inconsistent with any and all applicable laws and regulations.

9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PuchiPucca.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to PuchiPucca.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PuchiPucca Services in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

   *

     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   *

     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   *

     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   *

     Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   *

     A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   *

     A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notice of claims of copyright infringement, we can be reached as follows: PuchiPucca Media LLC, [3184 Mission Street, #305, San Francisco, CA 94110]; Attn: Copyright Agent; and email: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

10. Member Disputes. You are solely responsible for your interactions with other PuchiPucca.com Members. PuchiPucca.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy. Use of the PuchiPucca Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. PuchiPucca.com is not responsible for any incorrect or inaccurate Content posted on the PuchiPucca Website or in connection with the PuchiPucca Services, whether caused by Users of the PuchiPucca Services or by any of the equipment or programming associated with or utilized in the PuchiPucca Services. Profiles created and posted by Members on the PuchiPucca Website may contain links to other websites. PuchiPucca.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PuchiPucca.com. Inclusion of any linked website on the PuchiPucca Services does not imply approval or endorsement of the linked website by PuchiPucca.com. When you access these third-party sites, you do so at your own risk. PuchiPucca.com takes no responsibility for third party advertisements which are posted on this PuchiPucca Website or through the PuchiPucca Services, nor does it take any responsibility for the goods or services provided by its advertisers. PuchiPucca.com is not responsible for the conduct, whether online or offline, of any User of the PuchiPucca Services. PuchiPucca.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, any User or Member communication. PuchiPucca.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 any email or players due to technical problems or traffic congestion on the Internet or on any of the PuchiPucca Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PuchiPucca Services. Under no circumstances shall PuchiPucca.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PuchiPucca Services, attendance at a PuchiPucca.com event, from any Content posted on or through the PuchiPucca Services, or from the conduct of any Users of the PuchiPucca Services, whether online or offline. The PuchiPucca Services are provided "AS-IS" and as available and PuchiPucca.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PuchiPucca.com cannot guarantee and does not promise any specific results from use of the PuchiPucca Services.

13. Limitation on Liability. IN NO EVENT SHALL PuchiPucca.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PuchiPucca Website, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PuchiPucca Website, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PuchiPucca.com SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PuchiPucca.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 PuchiPucca.com FOR THE PuchiPucca SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the PuchiPucca Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the PuchiPucca Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. If there is any dispute about or involving the PuchiPucca Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either PuchiPucca.com or you may demand that any dispute between PuchiPucca.com and you about or involving the PuchiPucca Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent PuchiPucca.com from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold PuchiPucca.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PuchiPucca Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the PuchiPucca Website or through the PuchiPucca Services causes PuchiPucca.com to be liable to another.

17. Other. This Agreement is accepted upon your use of the PuchiPucca Website or any of the PuchiPucca Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PuchiPucca.com regarding the use of the PuchiPucca Services. The failure of PuchiPucca.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PuchiPucca is a trademark of PuchiPucca Media LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PuchiPucca.com without restriction.

Please contact us at [email protected] with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last edited by puchipucca on Fri Oct 01, 2010 1:23 pm, edited 1 time in total.

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