TERMS OF USE

These Terms of Use are effective as of August 17, 2009.

Welcome to ConnectionOpen.com. The ConnectionOpen service (“ConnectionOpen” or “the Service”) is owned and operated by ConnectionOpen Inc. and its corporate affiliates (collectively, “us”, “we” or “the Company”). By using the www.connectionopen.com web site (the “Site”) you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Site. It is your responsibility to regularly review these Terms of Use.

ELIGIBILITY

Persons under the age of 16 are not allowed to use or register on the Site without parental consent. To register, you must provide your real name, address, phone number, and e-mail address. Using the Service is void where prohibited. By using the Service or the Site, you represent and warrant that you agree to and shall abide by all of the terms and conditions of this Agreement. ConnectionOpen may terminate your account and/or prohibit you from using or accessing the Service or the Site if we believe you are under 16 years of age or if you otherwise violate these Terms of Use.

TERM

This Agreement shall remain in full force and effect while you use the ConnectionOpen services. ConnectionOpen may terminate your account at any time, without warning. Upon termination of your account, ConnectionOpen’s obligations to you shall cease. However, even after your account is terminated, this Agreement will remain in effect.

PASSWORD

When you register on the Site, 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 user at any time or to disclose your password to any third party. You agree to notify ConnectionOpen 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. Your username and password are not transferable.

CREDIT CARD PAYMENTS

You hereby authorize the Company to charge all amounts owed to the Company hereunder, including, but not limited to, all amounts due for membership, to the credit card you provide to the Company. You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of the Company’s billing department within ninety days after the end of the questioned billing period. Charges beyond ninety days old are not subject to review, reversal or refund.

USER CONDUCT

You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, , harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” 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;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
  • Solicit personal information from anyone under 18 years of age;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party’s copyrighted work;
  • Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
  • Solicit money from others.

PROPRIETARY RIGHTS IN CONTENT ON WEB SITE

All content on the Site, including but not limited to design, text, graphics, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “ConnectionOpen Content”), are the proprietary property of the Company or its licensors. All rights reserved. No ConnectionOpen Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may download or print a copy of any portion of the ConnectionOpen Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish ConnectionOpen Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the ConnectionOpen Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

MEMBER CONTENT

The Company does not claim any ownership rights in any materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Site or otherwise submit to the Company (collectively the “Member Content”). You are solely responsible for the Member Content that you post on or through the Site or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any Member Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Members or others.

By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to The Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You understand that all Member Content is the sole responsibility of the person from whom such Member Content originated, and that the Company does not control, and is not responsible for Member Content made available through the Site, and that by using the Site, you may be exposed to Member Content that is inaccurate, misleading, incomplete, or otherwise objectionable. Once you click to join a “session”, control over the content and duration of the “session” remains with the originator. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, and that under no circumstances will the Company be liable in any way for any Member Content or for any loss or damage of any kind incurred as a result of the use of any Member Content posted or otherwise made available via the Site. You acknowledge that the Company does not pre-screen, monitor or approve Member Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, edit or move any Member Content that is available via the Site, for violating the letter or spirit of these Terms of Use or for any other reason. You may remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire.

COPYRIGHT INFRINGEMENT POLICY

ConnectionOpen respects the rights of all copyright holders and in this regard, ConnectionOpen has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ConnectionOpen'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; a description 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; a description 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 us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ConnectionOpen’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 10900 Peale Court Austin , TX 78726; Attn: Copyright Agent; and email: support@connectionopen.com. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

LINKS TO OTHER WEBSITES

The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the the Service or the Site does not imply approval or endorsement of the linked web site by us. When you access these third-party sites, you do so at your own risk.

PRIVACY

Use of the Service and the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

USER DISPUTES

You are solely responsible for your interactions with other ConnectionOpen users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

DISCLAIMER

The Company is not responsible for any incorrect or inaccurate Member Content posted on the Site or in connection with the Service. Under no circumstances will the Company be liable for any loss or damage caused by a user's reliance on information obtained through the Site. It is the responsibility of user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. ConnectionOpen 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 communications. The Company 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 on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Member Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline. CONNECTIONOPEN, THE SERVICE AND THE MEMBER CONTENT ARE PROVIDED “AS-IS, AS-AVAILABLE” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

LIMITATION OF LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS

GOVERNING LAW AND VENUE

The parties agree that this Agreement shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and the parties 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 ConnectionOpen or you may demand that any dispute between ConnectionOpen and you about or involving ConnectionOpen must be settled by arbitration utilizing the dispute resolution procedures of the ADR Services in Los Angeles, California, USA, provided that the foregoing shall not prevent ConnectionOpen from seeking injunctive relief in a court of competent jurisdiction.

INDEMNITY

You agree to indemnify and hold ConnectionOpen, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, successors and assigns (each an “Indemnitee”) 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 Site or the Service 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 Member Content that you post on the Site or through the Service is alleged to violate the rights of a third party. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.

OTHER

These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by us on the Site, constitute the entire agreement between you and ConnectionOpen regarding the use of the Site and/or the Service, superseding any prior agreements between you and ConnectionOpen relating to your use of the Site or the Service. The failure of ConnectionOpen to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CONNECTIONOPEN is a trademark of ConnectionOpen Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. To the extent that anything in or associated with the Site and/or the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.