2. Online Services and Disclaimer of Warranty. The JoinMyParty web site provides online resources including, but not limited to, online information regarding JoinMyParty’s software games, downloadable demo programs, and online communities. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. JoinMyParty assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the JoinMyParty web site.
4. User account. Users will select a username(email address) and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username(email address) and password. User agrees to immediately notify JoinMyParty at info@JoinMyParty.co should User know, or have reasonable grounds to suspect, that the username and password have been compromised. JoinMyParty shall not be responsible for User’s failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the JoinMyParty web site, or privately transmitted through the JoinMyParty web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the JoinMyParty web site. JoinMyParty does not and cannot control the informational content Users transmit through the JoinMyParty web site. Under no circumstances shall JoinMyParty be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall JoinMyParty be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct. User agrees to not use the JoinMyParty web site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of JoinMyParty;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of JoinMyParty’s web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.” JoinMyParty does not pre-screen uploaded, posted or transmitted content, but JoinMyParty reserves the right to inspect, edit and delete any content that JoinMyPartys knows, or has reason to know, has violated this TOS Agreement. JoinMyParty reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. JoinMyParty may disclose any informational content Users post, upload or transmit to the JoinMyParty web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of JoinMyParty, the public, or other Users.
7. Content submitted by Users. JoinMyParty does not claim ownership of any informational content submitted by Users to the JoinMyParty web site. User grants JoinMyParty a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the JoinMyParty web site. This license exists only so long as User allows its content to remain on the JoinMyParty web site and will terminate in the event that User removes such content.
8. Indemnity. You agree to indemnify and hold JoinMyParty, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 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. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the JoinMyParty web site.
10. Limits and modifications. JoinMyParty may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the JoinMyParty web site. JoinMyParty reserves the right to modify any and all portions of the JoinMyParty web site without notice. Under no circumstances shall JoinMyParty be liable to User or any other party for such limits or modifications.
11. Termination of User account. JoinMyParty may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall JoinMyParty be liable to User or any other party for such termination of User’s account.
12. Third party advertisers. JoinMyParty may allow third party advertisers to advertise on the JoinMyParty web site. JoinMyParty takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. JoinMyParty shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
13. Hyperlink policy. ExpertZ, Inc. site contains hyperlinks to other Internet sites not under the editorial control of ExpertZ, Inc. These hyperlinks are not express or implied endorsements or approvals by ExpertZ, Inc., of any products, services or information available from these sites.
14. JoinMyParty’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of JoinMyParty’s copyrighted or trademarked material, including graphic files and software, available on the JoinMyParty web site.
15. No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
16. Limitation of liability. ExpertZ, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). ExpertZ, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
17. Notice. Notices may be posted to the JoinMyParty web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
18. General. This TOS Agreement constitutes the entire agreement between you and JoinMyParty and governs your use of the JoinMyParty web site. This TOS Agreement shall be governed by the laws of the State of California. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles in the State of California. The failure of JoinMyParty to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS 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 TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.