Terms of Service
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IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING www.valuespin.com (THE "WEB SITE"), AS IT AFFECTS AND GOVERNS YOUR USE OF THE WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing this Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEB SITE. valuespin.com is a social networking site (SNS) - we are not an online merchant, but a simple, cool Social Networking Shopping. We are not responsible for any products ordered from our affiliated or non affiliated merchants. Before participating in any deal, coupons or promotions on this site please read the fine print associated with each offer. All deals, coupons, and promotions on this site are subject to change without notice. valuespin.com does not guarantee the accuracy of links, coupons, or deals on this site. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data. 01. ACCEPTANCE OF TERMS 1. ACCEPTANCE OF TERMSvaluespin Inc. (herein after "valuespin.com") welcomes you to our community. valuespin Inc. refers to the Web Site www.valuespin.com. valuespin provides its service to you subject to the following Terms of Service (herein after "TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular valuespin owned or operated services, all guests and registered members of valuespin shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to valuespin Privacy policy) are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICEvaluespin provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (herein after the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release/upgrade of new valuespin properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that valuespin assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or valuespin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, valuespin has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). All decisions concerning limited access to the site or termination of your account is at valuespin sole discretion and all decisions are final unless otherwise notified. 4. valuespin PRIVACY POLICYRegistration Data and certain other information about you is subject to our Privacy Policy. For more information, please read our full privacy policy. 5. MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify valuespin of any unauthorized use of your password or account or any other breach of security, and (b) valuespin recommends that you exit from your account at the end of each session if using a public computer. valuespin cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (herein after "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not valuespin, are entirely responsible for all Content that you upload, post, email, link, transmit or otherwise make available via the Service. valuespin does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to your own personal beliefs. Under no circumstances will valuespin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a.upload, post, email, link, Private Message, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
moderators shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Service. Without limiting the foregoing, valuespin and its moderators shall have the right to remove any Content that violates the TOS or is otherwise objectionable at their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by valuespin or submitted to valuespin, including without limitation information in all parts of the Service, which includes forum board posts. You acknowledge, consent and agree that valuespin may access, preserve and disclose your account information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of valuespin, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by valuespin and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Membership, use and permissions on this site are at the sole discretion of the site owner. valuespin reserve the right to remove, edit, move or close any thread or account for any reason. Some, any or all permissions to view and/or use this site are subject to change, for no reason and no advance notice. By accessing and using this site/forum, you warrant that you will not post any messages that are obscene, vulgar, sexually-orientated, hateful, threatening, violate any of the listed additional rules, or otherwise violative of any laws. In addition, you also warrant that you will not hold valuespin.Com Forums or any of its subsidiaries responsible for any post, image, or link posted from a forum member as the moderators cannot catch everything at the instance it happens. Additional rules: 1. Spam, self promotion and referral links are not allowed. General guidelines for images & avatars:
Although the administrators and moderators of valuespin.Com Forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of valuespin.Com Forums, nor Gen Next Factory Inc. will be held responsible for the content of any message. Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While valuespin.Com strives to protect your personal information and privacy, valuespin cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. However, if you violate the rules, valuespin.Com Forums reserves the right to disclose any and all user activity to the public, third parties and or law enforcement agencies. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. INDEMNITYYou agree to indemnify and hold valuespin and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 9. GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that valuespin may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of days that Private Messages are stored, message board postings or other uploaded Content will be retained by the Service, the maximum number of Private Messages that may be sent from or received by an account on the Service, the maximum size of any Private Message or message board posting that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on valuespin's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that valuespin has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts, or other Content maintained or transmitted by the Service. You acknowledge that valuespin reserves the right to log off accounts that are inactive for an extended period of time. There is a limit of one (1) account per person. Any subsequent accounts created without the express written permission of the valuespin administrator will be banned and/or closed. Creating multiple accounts may also jeopardize your ability to access the valuespin site and your original account may be banned and/or closed. You further acknowledge that valuespin reserves the right to modify these general practices and limits from time to time as they see fit. 10. MODIFICATIONS TO SERVICEvaluespin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that valuespin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11. TERMINATION OF USER ACCOUNT (I.E. BANNING AN ACCOUNT)You agree that valuespin may, under certain circumstances and without prior notice, immediately terminate your valuespin account, any associated account(s), and access to the Service indefinitely or for a set period of time. A termination of an account is also known as getting banned from the valuespin site. A termination of an account, whether it is being temporarily or permanently banned, may include limitations to accessing valuespin, but the user’s profile, including their posts, will not be deleted. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made at valuespin's sole discretion and that valuespin shall not be liable to you or any third party for any termination of your account, any associated Content, or access to the Service. 12. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that valuespin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 13. LINKSThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because valuespin has no control over such sites and resources, you acknowledge and agree that valuespin 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 valuespin 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 use of or reliance on any such Content, goods or services available on or through any such site or resource. 14. valuespin'S PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by valuespin, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: 16. LIMITATION OF LIABILITYYou expressly understand and agree that valuespin shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if valuespin has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 17. EXCLUSIONS AND LIMITATIONSSome jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 15 and 16 may not apply to you. 18. NOTICEvaluespin may, but is not required to, provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service. The obligation is solely on you, the user, to check for any updates to this TOS at any time. 19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENTvaluespin.com respects the intellectual property of others, and we ask our users to do the same. valuespin.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others. 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 provide valuespin.com's Copyright Agent the following information: 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, in the case of multiple copyrighted works, a representative list of such works. 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 valuespin.com to locate the material. Information reasonably sufficient to permit valuespin.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 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. 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 in-fringed. valuespin.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at CopyRight@valuespin.com 20. GENERAL INFORMATIONEntire Agreement. The TOS constitutes the entire agreement between you and valuespin and governs your use of the Service and Content, superseding any prior agreements between you and valuespin with respect to the Service and Content. You also may be subject to additional terms and conditions that may apply when you use certain other valuespin services, affiliate services, third-party content or third-party software. Dispute Resolution. All disputes arising out of, relating to or connected
with these TOS or your use of any part of the valuespin.com Service will
be exclusively resolved under confidential binding arbitration held in
Chennai, India before and in accordance with the Rules of the Indian Arbitration
Association, by a sole arbitrator applying India law (without regard for
conflicts of law principles). The arbitrator's award will be binding and
may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under these
TOS will be joined to an arbitration involving any other party subject
to these TOS, whether through class arbitration proceedings or otherwise.
Any action to enforce an arbitrator's award will be brought in a Central
or State located in Chennai, India. Each party hereby irrevocably submits
to the personal jurisdiction of the Federal and Nevada State courts in
Clark County. By entering into these TOS, you hereby irrevocably waive
any right you may have to join claims with those of others in the form
of a class action or similar procedural device. Any claim arising out
of, relating to or connected with these TOS or your use of any part of
the valuespin.com Service must be asserted individually. Notwithstanding
anything to the contrary in this Section, valuespin may seek equitable relief,
including, without limitation, injunctive relief and specific performance,
without the requirement of posting a bond or other security or proving
money damages are insufficient, from a court of competent jurisdiction. No Right of Survivorship and Non-Transferability. You agree that your valuespin account is non-transferable and any rights to your valuespin ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within ninety (90) days after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect if they run contrary to the law. 21. VIOLATIONSPlease report any violations of the TOS to our Customer Support at admin@valuespin.com. 22. EFFECTIVE DATEThis TOS is effective as of July 24th, 2008. |
