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HUMANPAGES, Inc TERMS OF SERVICE AGREEMENT |
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These Terms of Service Agreement (these “Terms”) state the legally binding
terms and conditions under which you may use HumanPages.com, an on-line
directory designed to allow people to find others with certain skills or
knowledge; make a paid Contact Request; post, share information with each
other; select Charity and any other functionality or service provided by
HumanPages.com These Terms include the HumanPages Privacy Statement, which is
herewith incorporated into these Terms by reference. By using HumanPages, you
are indicating your agreement to these Terms, including the HumanPages Privacy
Statement.
Please read these Terms carefully. If you do not accept these Terms do not use
HumanPages.
HumanPages, Inc (“HumanPages” or the "Company") may revise these Terms at
any time by updating this posting. You should visit this page periodically to
review these Terms, because they are binding on you. The terms "you" and "User"
as used herein refer to all individuals and/or entities accessing HumanPages
for any reason.
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| 1. Eligibility
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| You must be 18 years of age or older to visit or use HumanPages in any manner.
By visiting HumanPages or accepting these Terms, you represent and warrant to
the Company that you are 18 years of age or older, that you have the right,
authority and capacity to agree to and abide by these Terms, and that you will
use HumanPages solely for your personal use, in a manner consistent with any
and all applicable laws and regulations. You must not resell or assign your
rights or obligations under these Terms of Use.
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| 2. HumanPages User Levels
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| The following are the various User levels on HumanPages: |
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“Guest” has not completed the HumanPages registration process or created an
account (“Account”), but may still search the profiles (“Profiles”) of
Registered Members, search the Jobs and Projects, and any other information
that is made available to non-registered Members.
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“Registered Member”, after obtaining an Account then Members may create a
Profile, send and receive Contact Requests, select a Charity for
HumanPages to make donations to, invite others to join and many other
functions.
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| 3. Charity Donations by HumanPages
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HumanPages business model is based upon growing a socially responsible business
which includes HumanPages making donations from its revenues to
Charities. Each Registered Member is assigned a default Charity and they
may then change their selected Charity at will. HumanPages will
make donations to charity from its revenues and HumanPages will use its best
efforts to make any donations associated with a Registered Member to their
selected Charity, in the event that HumanPages is unable to make a donation to
the Charity then HumanPages will donate the money to another Charity of
its choice.
Each Registered Member understands that HumanPages makes on a donation
from its revenue to a Charity and it is not being done on behalf of the
registered member.
HumanPages is not soliciting donations for any particular Charity,
HumanPages has made the business decision to donate a percentage of its revenue
to Charities. A Registered Member pays for a Contact Request with another
member and then HumanPages will donate a percentage of the Contact Request
revenue to the receiving member's selected Charity or to another Charity of
HumanPages's choice if it is unable to donate the money to the receiver's
selected Charity.
A Charity may refuse to accept a donation from HumanPages for whatever reason
in which case HumanPages will then donate the funds to another Charity of its
choice.
HumanPages will currently donate
% of a each paid Contact Price to Charity.
All funds to be donated by HumanPages to Charity are kept in a
separate bank account. HumanPages will not transfer the funds to a
Charity until there is a minimum of $100 due to the time, effort and
transaction cost.
HumanPages has selected a few hundred charities that are well known and cover a
wide range of charitable area. No charity has endorsed HumanPages. HumanPages
does not claim to have endorsements or any agreements with any Charity.
HumanPages has selected these Charities as Charities that HumanPages will
donate money to from its revenues. Any Charity that does not want to
receive donations from HumanPages can contact us to have their Charity
information removed.
HumanPages is not acting as a fund-raiser. HumanPages is making a donation from
the revenue it receives from its registered members who are paying to contact
another registered member.
HumanPages will provide an official representatives of a Charity or
Federal/State regulators with a special administration username and password to
enable them to view in detail all monies set aside for donations from
HumanPages revenue.
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| 4. HumanPages Content
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| The contents of HumanPages and the HumanPages web site, and of all other
websites under the Company's control, whether partial or otherwise, such as
text, graphics, images, logos, button icons, software and other content
(collectively, "HumanPages Content") and the compilation (meaning the
collection, arrangement and assembly) of all HumanPages Content, are protected
under both European Union and United States foreign copyright, trademark and
other laws. HumanPages and such other websites are sometimes collectively
referred to as "HumanPages Sites". As between you and HumanPages, all
HumanPages Content is HumanPages’s exclusive property. Unauthorized use of
HumanPages Content may violate copyright, trademark, and other laws. You must
retain all copyright, trademarks, service mark and other proprietary notices
contained in HumanPages Content on any permitted copy you make of HumanPages
Content. You may not sell or modify HumanPages Content or reproduce, display,
publicly perform, distribute, or otherwise use HumanPages Content in any way
for any public or commercial purpose. The use of HumanPages Content on any
other web site for any purpose is prohibited.
You shall not copy or adapt the code that the Company creates to generate any
HumanPages Content or the pages making up any HumanPages Site, which is code
also protected by the Company's copyright.
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| 5. Security Rules
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| Users must not violate or attempt to violate the security of any HumanPages
Site, including without limitation, (a) accessing data not intended for such
User or logging into a server, Account or Billing Account which the User is not
authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures or
using any device, software, or routine to interfere or attempt to interfere
with the proper working of any HumanPages Site or any activity being conducted
on any HumanPages Site, (c) attempting to interfere with the availability of
any HumanPages Site to any User, host or network, including, without
limitation, via means of submitting a virus to any HumanPages Site,
overloading, "flooding", "spamming", "mail bombing" or "crashing" any
HumanPages Site, (d) sending Users unsolicited e-mail, including promotions
and/or advertising of products or service, (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting, or
(f) using a password or access code not issued to such User Site. Violations of
system or network security may result in civil or criminal liability. The
Company will investigate occurrences which may involve such violations and may
involve, and cooperate with, law enforcement authorities in identifying,
investigating and/or prosecuting Users who are involved in such violations |
| 6. Specific Prohibited Uses
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| HumanPages Sites may be used only for lawful purposes by individuals to network
or find jobs for personal or professional purposes with other individuals. The
Company specifically prohibits any other use of HumanPages, and all Users agree
not to do any of the following: (a) post or submit any incomplete, false or
inaccurate biographical information or information which is not your own; (b)
delete or revise any material posted by any other person or entity; (c) take
any action that imposes an unreasonable or disproportionately large load on any
HumanPages Site's infrastructure; (d) notwithstanding anything to the contrary
contained herein, use or attempt to use any engine, software, tool, agent or
other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search any HumanPages
Site other than the search engine and search agents available from the Company
on such HumanPages Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer); (e) attempt to
decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any HumanPages Site; (f)
aggregate, copy or duplicate in any manner any of the HumanPages Content or
information available from any HumanPages Site; or (g) frame or link to any of
HumanPages Content or information available from any HumanPages Site. |
| 7. Content
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| You are solely responsible for your Account information and for the Profile,
content, messages or other information (“Submitted Content”) that you publish
or display (hereinafter, "post") on HumanPages or transmit to other Users. By
posting Submitted Content to any HumanPages Site, you automatically grant, and
you represent and warrant that you have the right to grant, to HumanPages an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such Submitted Content and to prepare
derivative works of, or incorporate into other works, such Submitted Content,
and to grant and authorize sublicenses thereof.
Any Profile you submit to HumanPages must describe you, an individual person.
Examples of inappropriate and prohibited Profiles include, but are not limited
to, Profiles that purport to represent an animal, place, inanimate object,
fictional character, or real individual that is not you.
HumanPages may review and delete any Submitted Content that, in the sole
judgment of HumanPages, violates these Terms, violates applicable law, rule or
regulation, is offensive or illegal or violates the rights of, harms or
threatens the safety of Users of HumanPages or users of any HumanPages Site.
The following is a partial list of Submitted Content that is illegal or
prohibited on HumanPages. The list below is for illustration only and is not a
complete list of all illegal or prohibited Submitted Content:
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is implicitly or explicitly offensive, such as Submitted Content that engages
in, endorses or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
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harasses, incites harassment or advocates harassment? of another any group or
individual;
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involves the transmission of "junk mail", "chain? letters," or unsolicited mass
mailing or "spamming";
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promotes or endorses false or misleading information? or illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
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promotes or endorses an illegal or unauthorized copy of another person's
copyrighted work, such as providing or making available pirated computer
programs or links to them, providing or making available information to
circumvent manufacture-installed copy-protect devices, or providing or making
available pirated music or other media or links to pirated music or other media
files;
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contains restricted or password only access pages, or hidden pages or images;
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displays or links to pornographic, indecent or sexually explicit material of
any kind;
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provides or links to material that exploits people under the age of 18 in a
sexual, violent or other manner, or solicits personal information from anyone
under 18;
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provides instructional information about illegal activities or other activities
prohibited by these Terms, including without limitation, making or buying
illegal weapons, violating someone's privacy, or provides or creates computer
viruses or pirating any media; and solicits passwords or personal identifying
information from other Users;
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| HumanPages reserves the right in its sole discretion to investigate and take
legal action against anyone who engages in any illegal or prohibited conduct or
otherwise violates these Terms, including without limitation, removing the
Submitted Content from HumanPages and/or terminating the HumanPages service of
the offending User. The Company may take any other action with respect to
Submitted Content or User actions that it deems necessary or appropriate in its
sole discretion if it believes it may create liability for the Company or may
cause the Company to lose (in whole or in part) the services of its ISPs or
other suppliers.
In order to protect our Users from commercial advertising or solicitation,
HumanPages reserves the right to restrict the number of e-mails which a Member
may send to other Members to a number which HumanPages deems appropriate in its
sole discretion.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of Submitted Content or any other communications posted by Users or
endorse any opinions expressed by Users. You acknowledge that any reliance on
material posted by other Users will be at your own risk.
The Company has no obligation to screen Submitted Content in advance and is not
responsible for screening or monitoring Submitted Content posted by Users. If
notified by a User of communications which allegedly do not conform to these
Terms, the Company may in its sole discretion investigate the allegation and
determine whether to take any other actions whether to remove or request the
removal of the Submitted Content. The Company has no liability or
responsibility to Users for performance or nonperformance of such activities.
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| 8. Registered Member and Feedback
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| If you are a Registered Member, you acknowledge that your HumanPages feedback
consists of comments provided by other Registered Members and a composite
feedback number compiled by HumanPages, and that the composite number without
the comments does not convey your full feedback profile.
Because feedback ratings are not designed for any purpose other than for
facilitating networking among HumanPages Registered Members, You agree that you
shall not market or export your HumanPages feedback rating in any venue other
than a HumanPages Site. HumanPages does not provide you the technical ability
to import feedback from other web sites (non-HumanPages Site) to HumanPages
because a composite feedback number, without the corresponding feedback does
not reflect your true online reputation within the HumanPages community.
You may not take any actions that may undermine the integrity of the HumanPages
feedback system. If HumanPages concludes, in its sole discretion, that your
actions undermine the integrity of or interfere with the feedback system,
HumanPages may (I) terminate and/or delete your Account, Profile and Billing
Account, if applicable, and/or (ii) deny you HumanPages services and/or
services from any other HumanPages Site.
If you are a Registered Member, HumanPages may limit the number of Contact
Requests e-mails you may send to Registered Members based upon the level of
your feedback.
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| 9. Unsolicited User Submissions
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| We appreciate hearing from Users and welcome comments regarding our services
and the HumanPages Sites. However, our policy does not permit us to accept or
consider creative ideas, suggestions, inventions or materials other than those
that we have specifically requested. While we do value your feedback on our
services, please be specific in your comments regarding our services and do not
submit creative ideas, inventions, suggestions, or materials. If, despite our
request, you send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the "Submissions"), the
Submissions shall be the property of the Company. None of the Submissions shall
be subject to any obligation of confidence on our part and we shall not be
liable for any use or disclosure of any Submission. The Company shall own
exclusively all now known or later discovered rights to the Submission and
shall be entitled to unrestricted use of the Submission for any purpose
whatsoever, commercial or otherwise, without compensation to you or any other
person who submitted the Submission. |
| 10. Confidentiality
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| You are responsible for maintaining the confidentiality and all uses of your
Account, password, and Billing Account, whether or not authorized by you. You
agree to immediately notify the Company of any unauthorized use of your
Account, password, and your Billing Account.
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| 11. Identification of Agent to Receive Notification and
Elements of Notification of Claimed Copyright Infringement
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| If you believe that your copyrighted work has been uploaded, posted or copied
to HumanPages and is accessible on HumanPages in a way that constitutes
copyright infringement, please notify us by providing our designated copyright
agent with the following information:
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The physical or electronic signature of either the copyright owner or of a
person authorized to act on the owner's behalf;
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A description of the copyrighted work You claim has been infringed, and a
description of the activity that You claim to be infringing;
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Identification of the URL or other specific location on this Service where the
material or activity You claim to be infringing is located or is occurring; You
must include enough information to allow us to locate the material or the
activity;
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Your name, address, telephone number and, if You have one, your e-mail address;
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A statement by You that You have a good faith belief that use on the Service of
the copyrighted work in the manner You are complaining of is not authorized by
the copyright owner, any agent of the copyright owner, or the law; and
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A statement by you, made under penalty of perjury, that the information you
have provided in your notice is accurate and that you are either the copyright
owner or are authorized to act on behalf of the copyright owner.
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| Please send notices of claims of copyright infringement on our Service to: c o
p y r I g h t @ humanpages . Com (Due to spammers parsing HTML pages, we have
to print the email address with all these extra spaces) |
| 12. Policy Regarding Termination of Users and Account
Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property
Rights of Others
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| HumanPages, Inc respects the intellectual property of others, and we require
our Users and content partners to do the same. The unauthorized reproduction,
copying, distribution, modification, public display or public performance of
copyrighted works constitutes infringement of the copyright owner’s rights. As
a condition to your use of HumanPages, you agree not to use HumanPages or any
other HumanPages Site to infringe the intellectual property rights of others in
any way. HumanPages will (I) deny HumanPages services and/or the services of
other HumanPages Sites to any User, and (ii) terminate the Account, Profile and
Billing Account, if applicable, of any Registered Member who is a repeat
infringe of the copyrights, or other intellectual property rights, of others.
We reserve the right to take these actions at any time, in our sole discretion,
with or without notice, and without any liability to the User whose access to
HumanPages is terminated, or to the Registered Member whose Account, Profile
and Billing Account, if applicable, is terminated. |
| 13. The Company's Liability
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| HumanPages is only a venue and HumanPages does not screen or censor the
Profiles or Submitted Content offered. The Company is not involved in the
actual communications or transaction among Users. We are under no legal
obligation to, and generally do not, control the Submitted Content or
information provided by other Users that is made available through HumanPages
and/or the other HumanPages Sites. As a result, the Company has no control over
the truth or accuracy of the information submitted by Users. The Company makes
no representations about the accuracy, reliability, completeness, or timeliness
of any Profile or Submitted Content. In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people acting under false
pretenses. You assume all risks associated with dealing with other Users with
whom you come in contact through HumanPages and/or other HumanPages Sites. By
its very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when using HumanPages and/or
the other HumanPages Sites.
Because User authentication on the Internet is difficult, the Company cannot and
does not confirm that each User is who they claim to be. Because we do not and
cannot be involved in User-to-User dealings or control the behavior of
participants on any HumanPages Site, in the event that you have a dispute with
one or more Users, you release the Company (and our agents and employees) from
claims, demands and damages (actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code Section1542,
which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement
with the debtor."
The HumanPages Content may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability, completeness,
or timeliness of any HumanPages Site or the HumanPages Content. The use of the
HumanPages Sites and the HumanPages Content is at your own risk. Changes are
periodically made to the HumanPages Sites and may be made at any time.
HumanPages cannot guarantee and does not promise any specific results from use
of HumanPages or any HumanPages Site. No advice or information, whether oral or
written, obtained by a User from HumanPages or through or from HumanPages or
any other HumanPages Site shall create any warranty not expressly stated
herein.
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| 14. Disclaimer of Warranty |
| THE COMPANY DOES NOT WARRANT THAT ANY HUMANPAGES SITE WILL OPERATE ERROR-FREE
OR THAT ANY HUMANPAGES SITE AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY HUMANPAGES SITE OR THE HUMANPAGES
NETWORKING CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE HUMANPAGES SITES AND
THE HUMANPAGES NETWORKING CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE HUMANPAGES NETWORKING CONTENT, HUMANPAGES NETWORKINGS,
SOFTWARE, TEXT, GRAPHICS, AND LINKS. |
| 15. Disclaimer of Consequential Damages
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| IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
ANY HUMANPAGES SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE ANY HUMANPAGES SITE AND THE HUMANPAGES NETWORKING CONTENT,
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. |
| 16. LIMITATION OF LIABILITY
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| HUMANPAGES'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY
HUMANPAGES SITE OR YOUR USE OF HUMANPAGES NETWORKING, OR THE HUMANPAGES
NETWORKING CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT,
TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $1, OR IF YOU ARE A
PAID REGISTER MEMBER, THE MEMBERSHIP AMOUNT PAID BY YOU TO HUMANPAGES. |
| 17. Links to Other Sites
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| The HumanPages site and certain other HumanPages Sites contain links to third
party sites or services. These links are provided solely as a convenience to
you and not as an endorsement by the Company of the contents on such
third-party sites or any third party services The Company is not responsible
for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such third
party sites. If you decide to access linked third party sites you do so at your
own risk.
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| 18. Privacy Policy
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| Use of HumanPages is also governed by the HumanPages Privacy Statement. By
using HumanPages, you agree to the HumanPages Privacy Statement. |
| 19. Indemnity |
| You agree to defend, indemnify, and hold harmless the Company, its affiliates
and their respective officers, directors, employees and agents, from and
against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from (I) any material,
including Submitted Content, you provide to a HumanPages Site, (ii) any
HumanPages Content that you use, or (iii) your breach of any of these Terms.
The Company shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such claim,
suit or proceeding.
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| 20. General
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| The Company makes no claims that the HumanPages Content may be lawfully viewed
or accessed in your Country. Access to the HumanPages Content may not be legal
by certain persons or in certain countries. If you access HumanPages you do so
at your own risk and are responsible for compliance with the laws of your
jurisdiction.
These Terms are governed by Laws of the Country of Gibraltar, without respect to
its conflict of laws principles. Jurisdiction for any claims arising under
these Terms shall lie exclusively within the courts of Gibraltar. You hereby
agree to be governed by the Courts of Gibraltar and explicitly waive your
rights to any jurisdictional control or government by any other jurisdiction. [
In Plain English: You agree that should you have any dispute with HumanPages
that it will be settled by the Courts of Gibraltar in the country of Gibraltar
irrespective of your physical location and jurisdiction.]
If any provision of these Terms are found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms, which shall remain in full
force and effect. No waiver of any provision of these Terms shall be deemed a
further or continuing waiver of such term or any other term.
Except as expressly provided in additional terms of use for areas of HumanPages,
a particular "Legal Notice," or license or material on particular Web pages,
these Terms, and the HumanPages Privacy Statement, constitute the entire
agreement between you and the Company with respect to your use of HumanPages.
No changes to these Terms shall be made except by a revised posting.
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| 21. Term and Termination
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| These Terms will remain in full force and effect while you are a User of
HumanPages at any level. You may terminate your membership as a Member
Subscriber at any time, for any reason by clicking on the “Account” link then
selecting “Billing” on the HumanPages site and following the provided
instructions.
In addition to other causes of termination set forth above, HumanPages may
terminate your membership as a Registered Member for any reason, effective upon
sending notice to you at the email address you provide in your Account, or such
other email address as you may later provide to HumanPages
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your Account, Profile
and Submitted Content from HumanPages and the immediate termination of, and
termination of HumanPages services and the services of other HumanPages Sites
to you, upon any breach by you of these Terms or if the Company is unable to
verify or authenticate any information you submit to HumanPages or any other
HumanPages Site.
If HumanPages terminates your membership as a Registered Member of HumanPages
because you have breached these Terms or is unable to verify or authenticate
information you have provided, you will not be entitled to any refund of fees
paid.
Even after your membership as a Registered Member is terminated, these Terms
will remain in effect. Even after you are no longer a User of HumanPages,
certain provisions of these Terms will remain in effect, including Sections
8,9, 10, 12, 13, 14, 15, 18, 19 and 20.
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| 22. Additional Terms of Use
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| Certain areas of HumanPages and the other HumanPages Sites are subject to
additional terms of use. By using such areas, or any part thereof, you agree to
be bound by the additional terms of use applicable to such areas.
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| 23. Notices |
| For any legal issues or matters please contact HumanPages at: l e g a l @
humanpages . com (Due to spammers parsing HTML pages, we have to
print the email address with all these extra spaces ). |
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