|The effective date of this Agreement is
April 1, 2008.
|1. Acceptance of Terms of Service|
|2. Modifications of Terms of Service|
|3. Membership Conditions|
|Our website and membership are not available to the general public and require an invitation by an existing member of Privy. Members are expected to invite only respected persons within their own real-world communities and not individuals who might bring discredit to or harm the reputation of Privy and our community.
By having a membership account in Privy, you acknowledge that you meet our requirements for membership. As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, shifted outside of Privy.net, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately.
Your participation in Privy is based upon the assumption that all information you provide regarding yourself is truthful and accurate. Misleading or false information is sufficient reason for us to terminate your account. You may not use a pseudonym or alias. Privy reserves the right to change or adjust membership criteria and to make changes in the existing membership at any time and without prior notice. Privy reserves the right to suspend or terminate, at our discretion, a member's account for violations of our rules, guidelines, or Terms of Service.
Privy provides a platform and environment for networking and sharing information. If members enter into agreements with other members through the Privy Site, Privy is not a contracting party to these agreements and cannot be held liable or accountable regarding these agreements.
Privy does not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the website's chatterbox forum or elsewhere, nor does Privy endorse opinions expressed in the forum or elsewhere.
Privy reserves the right to make changes to the website or our service without prior notice, and to charge for our services or for particular features, and to modify any fees or services without prior notice.
You many not use the Privy name or logo for any purpose, event or promotion without our express consent. You may not distribute, display or publish in any form, electronic or print, any content from the website or the names of any members without our express consent, nor can you share, transmit or sell any content on the website with anyone who is not a member of Privy, for whatever reason.
You cannot post content or initiate any communications that we consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable. You will not send or distribute unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, pyramid schemes, or any other type of solicitation to other members, nor will you stalk, harass or unreasonably disturb any other member.
You may not use Privy for any illegal purpose in any country or jurisdiction.
|4. Restrictions on Rights to Use.|
You agree that you shall not (and you agree not to allow any third party to:
|5. Content Posted By You on the Privy Site.|
|6. Termination of your account.|
You may terminate your account at any time without cause, penalty or explanation.
Privy may, at our discretion and with or without cause, immediately terminate your member account and all access to the website without prior notice. Any account termination by us may take into account the business interests of Privy and the interests of the community as a whole.
Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of your membership. We will not be liable to you or any third-party for the termination of your member account. If your account is terminated, you may not reenter Privy without our express permission.
|7. Data Protection.|
Privy will not disclose any personal data to any third party without being entitled to do so and with your express permission.
While Privy makes every effort to keep Privy Site a trusted and safe environment, Privy cannot be held liable should content you have posted on the website that is viewable by members be copied or distributed elsewhere.
Access to your private account information is limited to webmasters and management of Privy. No other employees, contractors or third parties will have access to this information without your express permission.
Privy may access, preserve, and disclose the contents of your account if required to do so by law, or in the belief that such actions are reasonably necessary to comply with legal requirements or to protect the rights and property of Privy.
|The Privy Site (including, but not limited to, text, photographs, graphics, video and audio content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising the Privy Site are also copyrighted works.|
|The Privy Site is provided by Privy on an "as is" basis. Privy and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Privy site or software or the information, content, materials, or products included on the Privy Site. To the fullest extent permissible by applicable law, privy and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Privy and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the privy site. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Privy is not responsible for the conduct, of any user of the Privy Site. Privy does not warrant or covenant that the Privy Site will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Privy Site is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the Privy Site is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from Privy, the Privy Site shall create any warranty not expressly stated herein.|
|10. Limitation on Liability.|
|Privy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Privy's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
Without limiting the foregoing, Privy and its affiliates and suppliers will not be liable under any theory of law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, Privy's maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to Privy for the Privy Site in the 12 months prior to the action giving rise to liability or (ii) $100 . If you are a California resident, you waive your rights with respect to California civil code section 1542, 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."
|You agree to indemnify and hold Privy, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Privy Site, (ii) the violation of these Terms of Service by you, or (iii) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.|
|13. Copyright Complaints.|
|Privy respects the intellectual property of others. It is Privy's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Privy will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Privy may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Privy will terminate access for subscribers and account holders who are repeat infringers.
Notifying Privy of Copyright Infringement: To provide Privy notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/
92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Privy with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Privy with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@Privy.net that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/
92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
|15. Contact and Violations.|
|Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to firstname.lastname@example.org|