Terms of UseWelcome to TolMol, a social platform for you to connect with people and information. The TolMol service and network (collectively, "TolMol Service" or "Service") are available through our web site, located at http://www.tolmol.com ("TolMol Site") and is operated by Avake Technology Group, Inc. and its subsidiaries and affiliated legal entities around the world (collectively, "we" or "us" or "TolMol"). This TolMol Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and TolMol. This document describes the terms and conditions that cover the use of the TolMol Service and the TolMol Site. By using the TolMol Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TolMol Site or otherwise use the TolMol Service without being registered with the Site) or you are a "Member" or holds "Membership"(which means that you have registered with TolMol Site). The term "User" refers to both, a Visitor or a Member. You are only authorized to use the TolMol Service if you agree to abide by all applicable laws and the terms of this Agreement. Changes to TolMol Site and the AgreementWe reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and we may send Members an email notifying of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE TOLMOL SERVICE. YOUR CONTINUED USE OF THE TOLMOL SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE TOLMOL SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. EligibilityMembership in the TolMol Service is void where prohibited. You must be 14 years of age or older to use the TolMol Service. By registering for the TolMol Service, you represent and warrant that you are 14 or older and that you have the capacity to understand, agree to and comply with this Agreement. You should provide true, accurate and complete registration information to be a Member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password safe and secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. User ConductThe TolMol Service is made available for your personal, non-commercial use only except for the advertising programs offered by TolMol on the TolMol Site. TolMol reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the TolMol Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TolMol Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of the Membership. TolMol reserves the right to take appropriate legal action for any illegal or unauthorized use of the TolMol Service. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any data, text, information, software, scripts, graphics, photos, profiles, audio and video clips, links, sounds, musical works, works of authorship, applications, or any other materials and other content (collectively, "User Content") that you submit, post, and display on the TolMol Site. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your Member account made by you including the User Content of your transmissions through the TolMol Service. By way of example, and not as a limitation, you agree NOT to:
Proprietary RightsTolMol does not claim any ownership rights in any User Content that you submit, post, or display on TolMol Site or through the TolMol Service. After submitting, posting or displaying User Content on TolMol Site or through the TolMol Service, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By submitting, posting or displaying any User Content on or through the TolMol Service, you hereby grant to TolMol a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content solely on or through the TolMol Service, including without limitation distributing part or all of the TolMol Site in any media formats and through any media channels, except User Content marked "private" will not be distributed outside the TolMol Site. Without this license, TolMol would be unable to provide the TolMol Service. The license you grant to TolMol is non-exclusive (that means you are free to license your User Content to anyone else in addition to TolMol), fully-paid and royalty-free (that means TolMol is not required to pay you for the use on the TolMol Service of the User Content that you submit or post), sub licensable (so that TolMol is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the TolMol Service), and worldwide (because the Internet and the TolMol Service are global in reach). This license will terminate at the time you remove your User Content from the TolMol Service, except that you agree that the license will continue solely with respect to other Members' continued use of your User Content that are not music or videos (i.e. photos or skins); provided, however if you remove any of the User Content from the TolMol Service, TolMol reserves the right to remove all of your User Content from other Member's pages. The license does not grant TolMol the right to sell your User Content, nor does the license grant TolMol the right to distribute your User Content outside of the TolMol Service. You represent and warrant that: (i) you own the User Content posted by you on or through the TolMol Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the TolMol Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the TolMol Service. TolMol owns and retain all rights in the TolMol Site and TolMol Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the TolMol Service. Except as expressly authorized by TolMol, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of TolMol's proprietary information. Privacy PolicyWe take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy which is incorporated into this Agreement by this reference. Copyright PolicyTolMol respects the intellectual property of others, and requires that our users do the same. You may not post, embed, email, transmit or otherwise make available any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. TolMol reserves the right to terminate the Membership of infringers. If you believe that your work (or the work of a copy right owner on whose behalf you are entitled to act) has been copied and posted on or through the TolMol Service in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication with all of the following information:
You may submit a notification of the claimed infringement to support@tolmol.com or send it via fax at (916)-933-3103 Third Party Websites and ContentThe TolMol Site contains (or you may be sent through the TolMol Site or the TolMol Service) links to other web sites ("Third Party Sites") as well as articles, photographs, product listing, job listing, news, prices or offers, text, graphics, games, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by TolMol, and TolMol is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by TolMol. When you access these third party sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the TolMol Site or relating to any applications or software you use or install from the site. Member DisputesYou are solely responsible for your interactions with other TolMol Members. TolMol reserves the right, but has no obligation, to monitor or to become involved in any way with disputes between you and other Members. Termination of the TolMol ServiceThis Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the TolMol Service or are a Member. At any time, for any reason, you can terminate your Membership which will remove your profile and other personal information from view. We may terminate your Membership immediately at any time, for any reason, with or without prior notice or explanation, and without liability. Once your Membership terminates, you will have no right to use the TolMol Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your Membership. TolMol may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the TolMol Service, or any part thereof, with or without notice. Disclaimer of WarrantiesTolMol and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or User Content displayed on the TolMol Service. TolMol is not responsible for the conduct, whether online or offline, of any user of the TolMol Site or TolMol Service. TolMol expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the User Content of the TolMol Service input by other Members is correct or accurate. TolMol further expressly disclaims (a) that the TolMol Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (b) that defects or errors will be corrected, (c) that the TolMol Service or the server that makes it available are free of viruses or other harmful components, and (d) that the use of or the results of the use of the TolMol Service or the content made available as part of the TolMol Service will be correct, accurate, timely, or otherwise reliable. TolMol cannot guarantee and does not promise any specific results from use of the TolMol Service. TOLMOL, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE TOLMOL SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, GRAPHICS, TEXT, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE TOLMOL SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. TOLMOL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTFREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE TOLMOL SERVICE IS ENTIRELY AT YOUR OWN RISK. SubmissionsYou acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the TolMol Site or the TolMol Service ("Submissions"), provided by you to TolMol are non-confidential and shall become the sole property of TolMol. TolMol shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. IndemnityYou agree to indemnify and hold TolMol, its affiliates, and their respective directors, officers, managers, members, agents, partners, and employees, harmless from and against any loss, liability, demand, claim, costs and expenses, including reasonable attorney's fees, arising from or in any way related to your use of the TolMol Service or the TolMol Site, your conduct with other users of the TolMol Service or the TolMol Site, or any violation of this Agreement or of any law or the rights of any third party. Limitation on LiabilityIN NO EVENT SHALL TOLMOL, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING FROM YOUR USE OF THE TOLMOL SERVICES, EVEN IF TOLMOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOLMOL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TOLMOL FOR THE TOLMOL SERVICES DURING THE TERM OF MEMBERSHIP. IF YOU ARE DISSATISFIED WITH THE TOLMOL SERVICE OR ANY PART OF THE TOLMOL SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOLMOL SERVICE AND ITS RELATED WEBSITE. NoticesTolMol may provide you with notices regarding the TolMol Service or this Agreement by regular mail, email, or postings to the TolMol Site. Legal ComplianceYou shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the TolMol Service. MiscellaneousThis Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. . You and TolMol agree to submit to the personal and exclusive jurisdiction of the to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the TolMol Service. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall TolMol be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. This Agreement constitute the entire agreement between you and TolMol with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement by a party will be effective only if in writing and signed by a party. |