Modifications
Own Mine reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Own Mine’s sole discretion. The most recent version of this Agreement will be posted on the Own Mine website. Although Own Mine will provide notice of material changes to this Agreement on the Own Mine website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Own Mine in any way, Member's only recourse is to immediately:
1. Discontinue use of Own Mine;
2. Terminate Own Mine Registration; and
3. Notify Own Mine of Termination.
Description of Services
As a Member, you will be provided with a variety of services, as described on the Own Mine website (the "Services"), which include, but not limited to: Combined Results of Search Engines, Chatting with Users with common interest and/or searching a common string, Creating Own Logo, Creating Logo for friends, Search and chat with users who are registered with Own Mine and Corporate Advertising Facility.
Own Mine reserves the rights to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Own Mine's sole discretion, with or without notice to Members, and with no obligation to Members.
Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Own Mine reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Own Mine guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Own Mine, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Own Mine deems appropriate to enforce its rights and pursue all available remedies.
Without limitation, Own Mine reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. Members shall not misuse Create Your Logo by creating logos in abusive and/or offensive way.
2. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as an Invitee.
3. Members shall not list the E-mail addresses of people unknown to them.
4. Members shall not list as INVITEES any E-mail addresses that are fake, fictitious, or made up or which are owned by or belong to that member.
5. Members shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives postal mail.
6. Members shall not attempt to interfere with any other person's use of the Services.
7. Members shall not misrepresent their identity or impersonate any person and shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Own Mine website.
8. Members shall not use any portion of the Own Mine website or the Services for posting, E-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
9. Members shall not use any portion of the Own Mine website or the Services for posting, E-mailing, transmitting or otherwise making available content, including user names and friend list names, which are harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
10. Members shall not use any portion of the Own Mine website or the Services for posting, E-mailing, transmitting or otherwise making available messages that are harmful to minors in any way.
11. Members shall not promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
12. Members shall not post content that displays pornographic or sexually explicit material of any kind.
13. Members shall not provide material that exploits people under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13.
14. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
15. Members shall not attempt to gain unauthorized access to Own Mine's database or other computer systems.
16. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Own Mine in connection with the Own Mine website or the Services.
17. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Own Mine website.
18. Members shall not use any portion of the Own Mine website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Own Mine. Own Mine will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.
Privacy
Own Mine has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking Privacy Policy Member's use of the Own Mine website or the Services signifies acknowledgment of and agreement to Own Mine's Privacy Policy.
Members further acknowledge and agree that Own Mine may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Own Mine, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.
The INVITE Friends feature is an easy way for Own Mine users to invite friends through E-mail. The E-mail address(es) that you supply to use this service will only be used to send invitations to connect with you on Own Mine.
Notice Regarding Commercial E-mail
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM Own Mine, AND ACKNOWLEDGE AND AGREE THAT THEIR E-MAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY Own Mine FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
Member Account and Password
Once Member registers for Own Mine, Member will have a password and an account with Own Mine. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Own Mine of any unauthorized use of Member's account or any other breach of security known to Member.
Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Own Mine website and within Own Mine E-mail messages, and third party advertisements on the website and distributed via E-mail, of a commercial nature and presented to Member by Own Mine and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Member is permitted to use Own Mine Content or third party Content only as expressly authorized by Own Mine or the third party advertiser.
Member may not copy, reproduce, distribute, or create derivative works from the Own Mine Content or third party Content without expressly being authorized to do so by Own Mine or the third party advertiser.
Member may make a copy of the Own Mine Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all Copyright or other proprietary notices intact.
Although Own Mine does not claim ownership of content that its Member's may provide to Own Mine, by providing content to Own Mine, Members automatically grant, and represent and warrant that they have the right to grant, to Own Mine a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicense able, license to use, copy, perform, display, and distribute said content.
Own Mine respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Own Mine's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at Own Mine Copyright Agent: agent@ownmine.com
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on Own Mine that you claim is infringing, with enough detail so that we may locate it on the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and E-mail address; and
6. Your physical or electronic signature.
Own Mine's Agent will forward this information to the alleged infringer. It is Own Mine's policy to terminate the accounts of repeat infringers.
Disputes
Any controversy or claim arising out of or relating to this Agreement, Own Mine, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Washoe County, Nevada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Own Mine may seek any interim or preliminary relief from a court of competent jurisdiction in Washoe County, Nevada necessary to protect the rights or property of you or Own Mine (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
If there is a dispute between participants on this site, or any third party, Own Mine is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Own Mine, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Termination
Either party may terminate use of the Own Mine website or the Services with or without cause at any time and effective immediately upon written notice to the other party.
Own Mine may terminate with or without cause at any time and effective immediately, at Own Mine's sole discretion, including but not limited to Member's failure to conform to these Terms and Conditions of the Agreement.
Own Mine shall not be liable to Member or any third party for termination of use of Own Mine or the Services. Member's right to use Own Mine or the Services shall cease immediately.
Member shall have no right and Own Mine will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE Own Mine WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE Own Mine WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Own Mine DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Own Mine WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Own Mine DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Own Mine WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE Own Mine WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Own Mine DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Own Mine WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Own Mine BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE Own Mine WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Own Mine WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE Own Mine WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Own Mine WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Own Mine WEBSITE OR THE SERVICES OR ANY LINKS ON THE Own Mine WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Own Mine WEBSITE OR THE SERVICES OR ANY LINKS ON THE Own Mine WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnification
Member agrees to indemnify and hold Own Mine, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Own Mine harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
Governing Law
This Agreement and the relationship between Member and Own Mine shall be governed by the laws of the State of NEVADA without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Own Mine, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Own Mine makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations may do so at their own initiative and are responsible for compliance with applicable laws.
Agreement
The Agreement constitutes the entire agreement between Member and Own Mine and governs your use of Own Mine and the Services, superseding any prior agreements between Member and Own Mine. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Own Mine to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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