USER AGREEMENT FOR IwantU Select Clubs
THIS AGREEMENT WAS LAST UPDATED ON January 16, 2004
Please read the following User Agreement. When you sign up for any service within IwantU.comTM, all of which are hereinafter referred to collectively as the “Service”, you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE AFTER June 16, 2000 YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.
TERMS AND CONDITIONS OF THE SERVICE
This Agreement constitutes your agreement with Mana Internet Solutions (“MANA”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, “we” and “us” means MANA, or any successor or assign of MANA.
Right to Use.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
You represent, warrant and covenant that you are at least 18 years old. This Service is addressed to adults only. By using the Service you agree that you are 18 years of age and older. Failure to comply with this Agreement may result in legal actions.
Code of Conduct.
You agree to use the Service in accordance with the following Code of Conduct:
a) You are solely responsible for any information that you display when using the Service or to other members. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b) You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings, which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
c) You will not forward chain letters through the Service;
d) You will not use the Service to infringe the privacy rights, property rights, or other civil rights of any person;
e) You will not post messages, pictures or recordings or use the Service in any way which
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law; and if you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
f) Your use of the Service is for your own personal use. You may not authorize others to use the Service and you may not transfer accounts with other users.
g) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
h) You are aware that the Service may contain explicit adult oriented materials provided by consenting users.
Privacy and Use of Information.
You acknowledge that
(a) We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
(b) We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and
(c) We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users.
(d) You acknowledge that you can not sue IwantU or any of its employees for any damages done to you through the site.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Monitoring of Information.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines, which may be applicable from time to time. We also reserve the right to monitor all messages and chats that take place through the site.
We are not solely responsible for any offensive or obscene materials that may be transmitted or posted by other users (including unauthorized users as well as the possibility of “hackers”). We are also not responsible for the use of any personal information that the user may choose to post on the Service.
Removal of Information.
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or users of the Service.
Termination of Access to Service.
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
You agree that cancellation may be done online through the TOKENS button in IwantU’s menu bar.
Alternatively, our customer care representatives will cancel your VIP pass for you.
Any request for cancellation will be met with as quickly as possible.
All holders of VIP passes, including and exceeding one month, are advised to cancel their VIP pass 48 hours before their renewal date to allow time for processing due to time differences.
You acknowledge and understand that all memberships purchased online are automatically renewed every month.
You agree and henceforth accept any automatic rebill of your VIP pass when using an online payment method.
You accept that when you cancel your membership with The Service you are automatically locked out of the site and your access is immediately terminated. You also agree and accept the complete and final loss of your profile, all accumulated tokens, mail and any other membership information that you should have. This information cannot be reclaimed or transferred to any third party.
The Service contains information, which is proprietary to us and to our users. We assert full copyright protection in the service. Information posted by us or other users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
The Service may from time to time contain links to other World Wide Web Internet sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
Tokens are a form of money used to access certain features and Services. The user of the Service may use the Tokens in their account to send messages to other users of the Service, play games, etc. When the user sends a message every character is considered to be equal to 1 Token or if they add a member to their hotlist, it uses 100 tokens to which you can then send that member unlimited tokens. Therefore the longer the message the more Tokens the user uses up. Tokens are non transferable and non-refundable.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by MANA or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
The service may from time to time include messages from advice columnists who respond to “relationship” questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified counsellor with respect to such issues.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication.
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any MANA related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
This Agreement is entered into in Quebec, Canada. You agree that it will be governed by the laws of the Province of Quebec and any disputes arising out of this Agreement will be subject to the courts of the Province of Quebec and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
To resolve or report a complaint regarding the Service or members who use the Service users should contact us at http://support.iwantu.com/contact.love Immediate actions will take place in order to help solve the problem.
Users of the Service may become “Visitors”, “Free Members” or “VIP Members” of the Service. Visitors are allowed access to a minimal level of the Service’s features and are not charged by us for the use of the features they can access. Free Members are allowed to access more features of the Service than are Visitors, but are not allowed access to all of the features that VIP Members are allowed to access. Free Members are not charged by us for the features they can access. VIP Members are provided with access to additional features of the Service that are not available to Visitors or Free Members. VIP Members are not charged by us for the features that are free to Free Members. Free membership is valid for 1 week. Certain additional features of the Service made available to VIP Members are also free of charge. Certain other features of the Service are “paid features”, for which a VIP Member is charged.
Fees and Payments.
VIP Members of the Service are required to purchase “Credits” or “Tokens” in order to use the “paid features” of the Service. Each Full Member is credited with the number of Credits or Tokens purchased. Each of the “paid features” of the Service costs one or more Credits or Tokens to use. Each time a Full Member uses a “Paid feature” of the Service, his account of Credits or Tokens is debited by the number of Credits or Tokens charged to use that “paid feature”.
VIP passes can be purchased by credit card, electronic check, 1-900 number or by mail. When a VIP pass is purchased it is accompanied by a pre-defined number of Tokens or Credits. Tokens or Credits cannot be purchased without a VIP pass and are non-redeemable for monetary value nor are they applicable towards future VIP passes. Tokens are carried over from one month to another but once an account is cancelled the tokens are removed.
Should a VIP member wish to change their method of payment, and their method of payment is either by credit card or electronic check, they must cancel their membership by clicking on the TOKENS button.
NOTE that by cancelling all accumulated Tokens are lost.
VIP pass pricing is posted on the TOKENS page in accordance to the pricing policy of The Service. In addition to paying the published price for a VIP pass with inclusive tokens or credits, the purchaser is responsible for paying all applicable taxes in connection with the purchase of a VIP pass. You acknowledge and accept that any VIP pass bought is to be paid in U.S funds. In addition to paying the published price for Credits or Tokens, the purchaser is responsible for paying all applicable taxes in connection with the purchase of the Credits or Tokens. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge members for Credits or Tokens, or the method of payment, which is acceptable to us, at our sole discretion.
Once The Service has received your payment, you will be credited with VIP access for the paid amount of time as well as the pre-defined number of Tokens or Credits. Credits or Tokens will be automatically deducted from your account as you use “paid features” of the Service. VIP members are capable of checking the number of Tokens or Credits they have left in their account at any time online by clicking on the TOKENS button located in the menu bar. A VIP Member whose account of Credits or Tokens is reduced to zero remains a VIP Member, but cannot access “paid features” until additional Credits or Tokens are purchased.
The purchase of Credits or Tokens is non-refundable. Any unused Credits or Tokens will remain credited to your account but will not be refunded if unused, even if you are no longer using the Service. Credits or Tokens will only be credited to the account of the VIP Member purchasing the Credits or Tokens, and to no one else. Credits or Tokens may not be transferred from one member of the Service to another member.
You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable if used. We may change the fees and charges in effect for using the Service, or add new fees or charges, by giving you notice in advance. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Any system error in processing your account is YOUR responsibility to inform the Administration immediately after you receive it. To contact the Administration you need to send us a message from http://support.iwantu.com/contact.love As a member if you fail to inform the Administration you will be charged for the purchased pass.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. MANA has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of MANA, if MANA’s obligations hereunder are assumed by a third party, MANA shall be relieved of any and all liability under this Agreement. Once you join you confirm that you agree with ALL of IwantU’s Terms and Conditions listed.
IwantU.comTM service copyright 1998 Mana Internet Solutions Inc.