aimini.net - MEMBER TERMS AND CONDITIONS

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AIMINI.NET MEMBER TERMS AND CONDITIONS

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE AIMINI.NET MEMBER. JOIN IN THE AIMINI.NET MEMBER INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE AIMINI.NET MEMBER.

Introduction. This agreement ("Agreement") between You and aimini.net. ("AIMINI") consists of these AIMINI.NET Member ("Member") Terms and Conditions ("Terms and Conditions"). Learn more about the Member is available at the Frequently Asked Questions ("FAQ") URL, located at http://www.aimini.net/faq, or such other URL as AIMINI may provide from time to time. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

Membership and Registration. If you become a Member of AIMINI, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. We reserve the right to terminate your Membership if individuals from more than one household access AIMINI using any single user name or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access AIMINI using your name in whole or in part without our permission. If you believe someone has accessed AIMINI using your user name and password without your authorization, e-mail us immediately at the address: support@aimini.net.

Listing Rules. Once you become an AIMINI member, you will can to creates your sharing resource list, the list contains your personal data and your own photo, video, music, software, games etc., and your may exchange goods items. We reserve the right to remove any resource listed on our site at any time for any reason. Decisions as to whether content violates any Listing Rule will be made by AIMINI in its discretion after we have actual notice of such listing. Without limiting our right to remove resource, we have attempted to provide guidelines to those listing resource on our site. When using AIMINI, please do not list material that: 
contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.

is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.

violates any right of AIMINI or any third party.

discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.

violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.

unfairly interferes with any third party's uninterrupted use of AIMINI.

lists copyrighted or other proprietary material of any kind on AIMINI without the express permission of the owner of that material.

uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.

disrupts, interferes with, or otherwise harms or violates the security of AIMINI, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through AIMINI or affiliated or linked sites.

"flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior listing of the same content.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Representations and Warranties. You represent and warrant that (a) all of the information provided by You to AIMINI to enroll in the Member is correct and current; (b) You are the owner of each resource or that You are legally authorized to act on behalf of the owner of such  resource(s) for the purposes of this Agreement; and (c) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder. You further represent and warrant that each resource and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.

Copyright Complaints. AIMINI respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on AIMINI, please e-mail our Copyright Guard immediately at the address: guard@aimini.net. (Copyright and Intellectual Property Policy at http://www.aimini.net/web-usage/copyright/)

Responsibilities. You are solely responsible for the resource(s), including all content and materials, maintenance and operation thereof, the proper implementation of AIMINI's specifications, and adherence to the terms of this Agreement, including compliance with the Member Policies.

Your Obligation to Indemnify. You agree to indemnify, defend and hold AIMINI, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Site(s), and/or Your breach of any term of this Agreement.

Information Rights. AIMINI may retain and use, subject to the terms of the AIMINI Privacy Policy (located at http://www.aimini.net/web-usage/privacy-policy/, or such other URL as AIMINI may provide from time to time), all information You provide, including but not limited to resource and contact information. You agree that AIMINI may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the application, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. AIMINI may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. AIMINI disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.

The AIMINI Rights. You acknowledge that AIMINI owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the application (including AIMINI's share technology, search technology, and Brand Features, and excluding items licensed by AIMINI from third parties), and that You will not acquire any right, title, or interest in or to the application except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any AIMINI services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the application or proprietary information related thereto. You will not remove, obscure, or alter AIMINI's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any AIMINI services, software, or documentation. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

Termination; Cancellation. You may remove your sharing resource list, personal data, account on the AIMINI site without cause at any time.  AIMINI may investigate any activity that may violate this Agreement. AIMINI may at any time, in its sole discretion, terminate all or part of the application, terminate this Agreement, or suspend or terminate the participation of anybody without notice in all or part of the project for any reason.

Limitations of Liability; Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE APPLICATION, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after your continued participation in the application after such terms have been updated by AIMINI. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to AIMINI. Notwithstanding the foregoing, AIMINI may assign this Agreement to any affiliate at any time without notice.

Last Updated: Oct 15, 2007

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