DormNoise Terms of Service
Welcome to DormNoise, LLC's "DormNoise.com", an online community for college and university students designed to minimize the degrees of separation among its members, other students and the institutions we attend. These Terms of Service ("TOS") which govern your use of "DormNoise.com" (the "Service"), have been written to ensure that you have a dynamic, exciting, secure, and enjoyable online experience with the Service. Whether you are a new user or one of our long standing members, you cannot register for or use the Service until you have signified your acceptance of these Terms of Service. Should you not wish to be bound by these Terms of Service, you may discontinue your use of the Service at any time. For any questions regarding these Terms of Service, please contact us:
TOS@dormnoise.com
A user's membership will expire after the user's graduation date. Members will be invited to join the Dormnoise Alumni version of the site after graduation.
As a Member, you will create a password and an DormNoise ID ("ID") for your User Site during the Service's registration process. You may not (1) share your ID; (2) use an ID of anyone else; (3) use an ID that DormNoise considers in its sole discretion as being inappropriate; (4) use an ID in violation of the intellectual property rights of any person, organization or entity; or (5) select or use an ID of another person with the intention of impersonating or causing harm or distress to that person.
You are and agree to be responsible for maintaining the confidentiality of your password and account information, and agree to be fully responsible for all activities and actions that are taken using your password or account. You agree to (a) immediately notify DormNoise webmaster at webmaster@dormnoise.com of any known or suspected loss, theft or unauthorized use of your password or account or of any other breach of security, and (b) ensure that you exit from your account at the end of each session by logging out of your account. DormNoise cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 6. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if DormNoise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DormNoise has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
As specified in Paragraph 1 of the TOS, to use the Service, you must meet eligibility requirements that specify that EACH USER must be a student with a valid electronic mail address at a college, university or institution of post-secondary education. SHOULD YOU MISREPRESENT YOUR ELIGIBILITY TO USE THE SERVICE, YOU AGREE THAT, IN ADDITION TO THE REMEDIES AND ACTIONS THAT DORMNOISE MAY TAKE AT ITS SOLE ELECTION AND OPTION AS SET FORTH ABOVE, YOU WILL BE LIABLE FOR AND DORMNOISE MAY TAKE ANY AND ALL LEGAL OPTIONS TO COLLECT FROM YOU LIQUIDATED DAMAGES IN THE SUM OF $10,000.00 (USD) FOR SUCH MISREPRESENTATION, INCLUDING, BUT NOT LIMITED TO, THE FILING OF A LAWSUIT AGAINST YOU TO COLLECT SUCH LIQUIDATED DAMAGES.
You agree that DormNoise, in its sole discretion, may terminate your password, and/or account, and remove and discard any Member Content within the Service (including, but not limited to your User Site if you are a Member), for any reason, including and without limitation, the lack of use, or if DormNoise believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, oral, written or assumed, in conjunction with your deleted User Site (as applicable) and all its parts, at our discretion, will be terminated as well. DormNoise may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effectuated without prior notice, and acknowledge and agree that DormNoise may immediately deactivate or delete your User Site, as applicable, and all related information and/or files at its sole discretion or at the direction of a court or law enforcement agency. DormNoise reserves the right to bar any further access to such files or the Service. You agree that DormNoise shall not be liable to you or any third-party for any termination of your access to the Service.
All users' memberships will be terminated after a user's graduation date. Members will be invited to join the Dormnoise Alumni version of the site after graduation.
You agree to use the products and services of DormNoise for lawful purposes only. You understand that by using the Service, you may be exposed to Content that you deem to be offensive, indecent or objectionable. Under no circumstances will DormNoise be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available via the Service. You acknowledge that DormNoise does not pre-screen Member Content, but that DormNoise and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any Member Content that is available via the Service. Without limiting the foregoing, DormNoise and its designees shall have the right to remove any Member Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any content created by DormNoise or submitted to DormNoise. You acknowledge and agree that DormNoise may preserve Member Content, but you will place no reliance on DormNoise to function in any capacity for data storage or management. You further acknowledge and agree that DormNoise reserves the right to copy, preserve and/or disclose Member Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Member Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DormNoise, its users and the public.
You understand that the technical processing and transmission of the Service, including your Member Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to access the Service by any means other than through the interfaces that are provided by DormNoise for use in accessing the Service.
Should Member Content be found or reported to be in violation with, but not limited to, the following terms, it will be in DormNoise's sole discretion as to what action should be taken. You agree that you will not:
(a) upload, post or otherwise transmit any Member Content that you do not have a lawful right to transmit (including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(b) upload, post, transmit or otherwise make available any Member Content that is unlawful, threatening, abusive, harmful, harassing, defamatory, vulgar, obscene, tortuous, libelous, invasive of another's privacy (including the publication of any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post or otherwise transmit any Member Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party or violates or in any way infringes upon the rights of others;
(d) impersonate any person or entity, including, but not limited to, a DormNoise official, leader, guide or host, or falsely state, imply or otherwise misrepresent your affiliation with any person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) use the Service to generate, upload, post, or transmit unsolicited commercial email or "spam" or authorize others to use your account to send unsolicited bulk communications. This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your User Site by posting multiple submissions in public forums that are identical;
(h) harvest or collect information about the Service's users from DormNoise, including account IDs or member information, and use that information for the purpose of sending unsolicited bulk communications or unauthorized marketing related activities;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulation having the force of law;
(k) "stalk" or otherwise harass another individual;
(l) engage in or encourage conduct that would constitute a criminal offense in any jurisdiction, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation; (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations; or (iii) DormNoise determines, in its sole discretion, to be inappropriate for sale through the Service provided by DormNoise;
(n) use the Service as a forwarding service to another website;
(o) exceed your permitted use of the Service; for example, accessing a Member's User Site without authorization.
You are solely responsible for your interactions with Members of the Service. We reserve the right to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, although we assume no obligation to do so.
If any user is reported or determined to be in violation with the letter or spirit of these terms, DormNoise retains the right to terminate such account at any time without advance or further warning. You agree that DormNoise may take any legal or technical steps it may deem necessary to prevent any breach of the provisions of this paragraph of the TOS.
You acknowledge that DormNoise does not pre-screen Member Content, but that DormNoise and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Member Content that is available via the Service. Without limiting the foregoing, DormNoise and its designees shall have the right to remove any Member Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content.
DormNoise does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized DormNoise representative, any material, information or idea you transmit to DormNoise by any means may be disseminated or used by DormNoise or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Member Content (as defined herein), or to personal information that is subject to our Privacy Policy.
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DORMNOISE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED AND NON-INFRINGEMENT.
(b) DORMNOISE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, DORMNOISE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. DORMNOISE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS', (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. DORMNOISE PROVIDES ITS PRODUCTS, THE SERVICE AND ITS PROGRAMS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT DORMNOISE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE AT ALL TIMES.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
(d) NO ADVICE OR INFORMATION OBTAINED THROUGH OR FROM THE SERVICE OR GIVEN BY DORMNOISE OR DORMNOISE. REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) DORMNOISE DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR THE SERVICE IN PARTICULAR.
The failure of DormNoise to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and DormNoise and governs your use of the Service, superseding any prior agreements between you and DormNoise (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other DormNoise's services, third-party content or third-party software. If any provision of the TOS or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
YOU ASSENT TO THESE TERMS OF SERVICE WITH YOUR ELECTRONIC SIGNATURE TO THESE TERMS OF SERVICE. YOUR ASSENT TO THESE TERMS OF SERVICE ALSO CONSTITUTES YOUR CONSENT TO ENTER INTO AGREEMENTS WITH US ELECTRONICALLY. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO AN AGREEMENT WITH DORMNOISE AND NOT ANY THIRD PARTY WITH WHOM DORMNOISE HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "I ACCEPT" CHECK BOX, YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH DORMNOISE AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS TOS. PERSONS UNDER 17 AND OVER 24 MAY NOT REGISTER FOR THE SERVICE AT THIS TIME.
Last updated: May 15, 2008
1. ELIGIBILITY
In order to use the Service, register as a user with an account and a personal profile site (a "Member") or create a profile, you must be a currently enrolled as a full- time undergraduate student at a four-year college or university and be between the ages of seventeen (17) and twenty-four (24), (a "Student"). By assenting to these Terms of Service you represent and warrant that you, at all times that you use the Service, are, in fact, a Student as defined herein. You agree that, SHOULD YOU MISREPRESENT YOUR ELIGIBILITY TO USE THE SERVICE, IN ADDITION TO THE REMEDIES AND ACTIONS THAT DORMNOISE MAY TAKE AT ITS SOLE ELECTION AND OPTION AS SET FORTH IN THIS TOS, YOU WILL BE LIABLE FOR AND DORMNOISE MAY TAKE ANY AND ALL LEGAL OPTIONS TO COLLECT FROM YOU LIQUIDATED DAMAGES IN THE SUM OF $10,000.00 (USD) FOR SUCH MISREPRESENTATION, INCLUDING, BUT NOT LIMITED TO, THE FILING OF A LAWSUIT AGAINST YOU TO COLLECT SUCH LIQUIDATED DAMAGES.A user's membership will expire after the user's graduation date. Members will be invited to join the Dormnoise Alumni version of the site after graduation.
2. ACCEPTANCE OF TERMS
Whether you are a user with an account and a personal profile site (a "Member" with a "User Site") or a Member who visits another Member's User Site to view, post comments or author content on another Member's User Site, (a "Member Guest"), your use of the Service is subject to these Terms of Service ("TOS"). By using or registering for the Service, you agree to these terms and conditions and, further, agree to the DormNoise Privacy Policy [HYPERLINK]. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. The TOS applies to each and every use of the Service.3. AMENDMENTS
DormNoise reserves the right to update and change the TOS from time to time with notice of any change(s) in accordance with the provisions of this TOS. With each use of the Service after notice of a change to the TOS, you reaffirm your acceptance of the then-current Terms of Service.4. DESCRIPTION OF SERVICE
DormNoise provides each Member with a User Site on DormNoise's internet property (a "User Site"). Each User Site has been allocated a specific amount of space, which amount is subject to amendment at our discretion. The Service also includes tools that enable Members and visitors to User Sites to build and add to a User Site using various tools. The type and number of tools available for your use may be amended from time to time at our determination. Unless explicitly stated otherwise, any new features that alter, amend, or enhance the current Service, including the release of new DormNoise properties, tools and/or resources, shall be subject to the TOS.5. REQUIREMENTS
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service or other fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You are solely responsible for maintaining all telephone, computer software, hardware and all other equipment needed for access to and use of the Service, and all charges related thereto.6. REGISTRATION
In order to create or edit a User Site on the Service, you must have a valid DormNoise ID. To be a Member and obtain your own User Site, you must provide DormNoise with valid information as requested by the Service, such as your name, mailing address, email address, telephone number, graduation date and other requested information ("Registration Data"). If you register for the Service, you agree to provide accurate and complete Registration Data and you agree to keep such information current.As a Member, you will create a password and an DormNoise ID ("ID") for your User Site during the Service's registration process. You may not (1) share your ID; (2) use an ID of anyone else; (3) use an ID that DormNoise considers in its sole discretion as being inappropriate; (4) use an ID in violation of the intellectual property rights of any person, organization or entity; or (5) select or use an ID of another person with the intention of impersonating or causing harm or distress to that person.
You are and agree to be responsible for maintaining the confidentiality of your password and account information, and agree to be fully responsible for all activities and actions that are taken using your password or account. You agree to (a) immediately notify DormNoise webmaster at webmaster@dormnoise.com of any known or suspected loss, theft or unauthorized use of your password or account or of any other breach of security, and (b) ensure that you exit from your account at the end of each session by logging out of your account. DormNoise cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 6. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if DormNoise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DormNoise has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
As specified in Paragraph 1 of the TOS, to use the Service, you must meet eligibility requirements that specify that EACH USER must be a student with a valid electronic mail address at a college, university or institution of post-secondary education. SHOULD YOU MISREPRESENT YOUR ELIGIBILITY TO USE THE SERVICE, YOU AGREE THAT, IN ADDITION TO THE REMEDIES AND ACTIONS THAT DORMNOISE MAY TAKE AT ITS SOLE ELECTION AND OPTION AS SET FORTH ABOVE, YOU WILL BE LIABLE FOR AND DORMNOISE MAY TAKE ANY AND ALL LEGAL OPTIONS TO COLLECT FROM YOU LIQUIDATED DAMAGES IN THE SUM OF $10,000.00 (USD) FOR SUCH MISREPRESENTATION, INCLUDING, BUT NOT LIMITED TO, THE FILING OF A LAWSUIT AGAINST YOU TO COLLECT SUCH LIQUIDATED DAMAGES.
7. CANCELLATION AND TERMINATION
You may cancel the Service at any time. Cancellation will take effect immediately. After cancellation, you will no longer have access to your User Site and all information contained therein may be deleted by DormNoise. DormNoise accepts no liability for information or content deleted as a result of cancellation.You agree that DormNoise, in its sole discretion, may terminate your password, and/or account, and remove and discard any Member Content within the Service (including, but not limited to your User Site if you are a Member), for any reason, including and without limitation, the lack of use, or if DormNoise believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, oral, written or assumed, in conjunction with your deleted User Site (as applicable) and all its parts, at our discretion, will be terminated as well. DormNoise may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effectuated without prior notice, and acknowledge and agree that DormNoise may immediately deactivate or delete your User Site, as applicable, and all related information and/or files at its sole discretion or at the direction of a court or law enforcement agency. DormNoise reserves the right to bar any further access to such files or the Service. You agree that DormNoise shall not be liable to you or any third-party for any termination of your access to the Service.
All users' memberships will be terminated after a user's graduation date. Members will be invited to join the Dormnoise Alumni version of the site after graduation.
8. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference. For more information regarding our Privacy Policy, please click [here].9. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and User Site and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the User Site, including those of your Member Guests. You agree to immediately notify DormNoise of any known or suspected unauthorized use of the account or any other known or suspected breach of security. DormNoise cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will DormNoise be liable, in any way, for any acts or omissions by a Member, including any damages of any kind, including consequential or incidental, incurred as a result of such acts or omissions.10. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials not owned by DormNoise ("Member Content") is the sole responsibility of the Member whose User Site contains such Member Content. This means that you, and not DormNoise, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Service. DormNoise does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content.You agree to use the products and services of DormNoise for lawful purposes only. You understand that by using the Service, you may be exposed to Content that you deem to be offensive, indecent or objectionable. Under no circumstances will DormNoise be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available via the Service. You acknowledge that DormNoise does not pre-screen Member Content, but that DormNoise and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any Member Content that is available via the Service. Without limiting the foregoing, DormNoise and its designees shall have the right to remove any Member Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any content created by DormNoise or submitted to DormNoise. You acknowledge and agree that DormNoise may preserve Member Content, but you will place no reliance on DormNoise to function in any capacity for data storage or management. You further acknowledge and agree that DormNoise reserves the right to copy, preserve and/or disclose Member Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Member Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DormNoise, its users and the public.
You understand that the technical processing and transmission of the Service, including your Member Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to access the Service by any means other than through the interfaces that are provided by DormNoise for use in accessing the Service.
Should Member Content be found or reported to be in violation with, but not limited to, the following terms, it will be in DormNoise's sole discretion as to what action should be taken. You agree that you will not:
You are solely responsible for your interactions with Members of the Service. We reserve the right to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, although we assume no obligation to do so.
If any user is reported or determined to be in violation with the letter or spirit of these terms, DormNoise retains the right to terminate such account at any time without advance or further warning. You agree that DormNoise may take any legal or technical steps it may deem necessary to prevent any breach of the provisions of this paragraph of the TOS.
11. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by DormNoise in connection with the Service, if you elect to download or access such additional software, you understand that you may be required to review and agree to additional terms and conditions that apply to such software before you can use such software.12. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the legal jurisdiction in which you reside.13. CONTENT SUBMITTED
DormNoise does not claim ownership of the Member Content you place on your User Site. By submitting Member Content to DormNoise for inclusion on your DormNoise.com User Site, you affirm that you have the legal authority to upload and cause to be displayed such Member Content and grant DormNoise a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Member Content solely for the purpose of displaying, distributing and promoting your User Site on DormNoise's Internet properties. This license exists only for as long as you continue to be a DormNoise member and shall terminate at the time your User Site is terminated. You understand that Member Content placed on your DormNoise User Site will be made available through the Service for public display, although you may elect to restrict access to your User Site to those with a specified degree of relationship to you or through such other means as we may enable.You acknowledge that DormNoise does not pre-screen Member Content, but that DormNoise and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Member Content that is available via the Service. Without limiting the foregoing, DormNoise and its designees shall have the right to remove any Member Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content.
14. STORAGE
DormNoise assumes no responsibility for the deletion or failure to store, deliver or timely display Member Content. You understand that the Service is neither designed nor contracted by you to operate as a data storage medium/center and you agree that you are solely responsible to back up and store all Member Content. DormNoise may, from time to time and without notice, set reasonable limits on access to Member Content and DormNoise retains the right to deactivate any account which exceeds such limit without any liability whatsoever, and you hereby release DormNoise from any such liability. Any notice provided by DormNoise to Account Holders in connection with such limit(s) shall not create any obligation to provide future notification regarding any changes to such limits.15. SUPPORT
You understand that your use of the Service is at your own risk and that DormNoise provides no support, although you may request and receive information regarding use of the service through our FAQ or via email inquiry: support@dormnoise.com16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DormNoise has no control over such sites and resources, you acknowledge and agree that DormNoise is not responsible for the availability of such external sites or resources, and does not endorse, adopt or incorporate such external sites or resources and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DormNoise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.17. RESALE OF SERVICE
You agree not to sell, resell, rent, lease, reproduce, duplicate, copy, grant a security interest in, make commercial use of the Service or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by DormNoise.18. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DormNoise may establish general practices and limits concerning use of the Service and may modify such general practices and limits from time to time.19. MODIFICATIONS TO SERVICE
DormNoise has the right at any time to change, modify, add to or discontinue or retire, temporarily or permanently, any aspect or feature of the Service including, but not limited to, the availability, software or equipment needed for access or use with or without notice at any time. You agree that DormNoise shall not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Service.20. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or its advertisers is protected, pursuant to international law, by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DormNoise or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.DormNoise does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized DormNoise representative, any material, information or idea you transmit to DormNoise by any means may be disseminated or used by DormNoise or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Member Content (as defined herein), or to personal information that is subject to our Privacy Policy.
21. SPONSORS AND ADVERTISERS
Your dealings or communication with or participation in promotions of, sponsors, advertisers or other third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsors, advertisers or other third parties, regardless of whether such parties are Members of the Service. You agree that DormNoise will not be responsible or held liable for any loss or damage of any sort that may be incurred as the result of any such dealings or as the result of the presence of such sponsors, advertisers or other third parties.22. THIRD PARTY APPLICATIONS
You understand that the Service may include, enable or incorporate third party software including, but not limited to, AOL's Web AIM Developer Applications, Plugins or Custom Clients (the "AOL Components"). With respect to the AOL Components, DormNoise, not AOL, is responsible for such applications. Should you have any questions regarding the AOL Components, please refer to http://dev.aol.com/aim/aimenabled. With respect to the AOL Components, these components and services are provided on an "as-is," without any warranties basis. AOL expressly disclaims all implied or express warranties, including the implied warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement, regarding the AOL Components. use or operation, alone or in combination with the DormNoise Service. You are prohibited from modifying or creating derivative works of any AOL Component utilized in the Service and further prohibited from decompiling, reverse engineering, disassembling, and otherwise reducing the AOL Components of the Service to a human-perceivable form, to the full extent allowed by law. Ownership of the AOL Components resides with AOL. AOL and DormNoise disclaim any liability for any service interruptions, the discontinuation of the AIM Service and/or the inability to access the AOL Messaging Network to the maximum extent permitted by law, even if DormNoise or its licensors have been informed of such damages. Members are prohibited from taking any actions that (a) create, or purport to create, any obligation on behalf of AOL, or (b) grant, or purport to grant, any rights or immunities to any third party under AOL's intellectual property rights or its other proprietary rights.23. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:24. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DORMNOISE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) LOSS OF DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, MEMBER SITE OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF DORMNOISE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED, DORMNOISE AND ITS VENDORS. LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.25. INDEMNITY
You agree to indemnify and hold DormNoise, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) made by any third party due to or arising out of or relating to your Member Content, your use of the Service, your Member Guests' activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. Each user, whether as Member or Member Guest, is responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. DormNoise reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.26. UNITED STATES OF AMERICA GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the United States Government constitutes acknowledgment of DormNoise's proprietary rights in them.27. GENERAL
The Service is provided for your personal, consumer use only unless otherwise specified, and is not intended for commercial or business use and such use is prohibited. The TOS and the relationship between you and DormNoise shall be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions. You and DormNoise agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Rhode Island, County of Providence. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF RHODE ISLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN RHODE ISLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.The failure of DormNoise to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and DormNoise and governs your use of the Service, superseding any prior agreements between you and DormNoise (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other DormNoise's services, third-party content or third-party software. If any provision of the TOS or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. ENFORCEMENT
It is the intention and desire of DormNoise to maintain the privacy and security of each Member Site. However, in order for DormNoise to comply with applicable laws including, without limitation, the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq', to comply with appropriate government requests, to operate DormNoise's systems properly, or to protect DormNoise, its clients, its users or other third parties, DormNoise may access and disclose any information, including without limitation, the personal identifying information of DormNoise's users, the contents of any electronic communications passing through its network and any other information it considers necessary or appropriate without notice. DormNoise will cooperate with law enforcement authorities in investigating suspected violations of the TOS and any other illegal activity. DormNoise reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware. If DormNoise determines, in its sole discretion, that you or the use of your account may be violating the TOS, DormNoise may initiate an investigation, including the collection of additional information about you, and take any actions necessary to prevent such violations independently of any law enforcement authorities. DormNoise respects the intellectual property of others and asks that you to do the same. Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act, DormNoise will terminate your account if it is used to unlawfully transmit or host copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to DormNoise and later confirmation through court order or an admission by you that an account has been an instrument of unlawful infringement, DormNoise may terminate your account. DormNoise may also in its sole discretion decide to suspend or terminate your account prior to that time if it has good faith belief that infringement has occurred. You are responsible for all expenses (including reasonable attorneys' fees) incurred by DormNoise with respect to any of the foregoing activities. You acknowledge and agree that neither DormNoise nor any of its licensors shall be liable to you in the event DormNoise is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to act pursuant to these provisions. In addition, pursuant to 17 U.S.C. 512(c), DormNoise has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your copyright has been infringed through the use of the Services, please contact: copyright@dormnoise.com29. COMMUNICATIONS AND NOTICES
You understand and agree that the Service may include certain communications from DormNoise, such as service announcements and/or administrative messages and that these communications are considered part of your DormNoise membership and you will not be able to opt out of receiving them. You agree to accept any and all notices, notifications, communications or other records regarding the Service to you in electronic form. You agree to accept such Notices at the email address that you provided during member registration or through posting of a Notice on the Service. The delivery of any Notice from us is effective when sent by us, regardless of whether or when you read the Notice or whether you receive a notice sent to the email address you registered with the Service. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.30. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of any DormNoise successor companies or assigns.31. ENTIRE AGREEMENT AND SEVERABILITY
This TOS constitutes the entire agreement between you and DormNoise and governs your use of the Service. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this TOS, and this TOS shall be carried out as if such void, invalid or unenforceable provision were not part of this agreement.32. SURVIVAL
Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 1, Section 5, Section 6, Section 7, Section 9, Section 14, Section 20, Section 21, Section 22, Section 23, Section 24, Section 25, Section 27, Section 28, Section 29, Section 30 and Section 31.YOU ASSENT TO THESE TERMS OF SERVICE WITH YOUR ELECTRONIC SIGNATURE TO THESE TERMS OF SERVICE. YOUR ASSENT TO THESE TERMS OF SERVICE ALSO CONSTITUTES YOUR CONSENT TO ENTER INTO AGREEMENTS WITH US ELECTRONICALLY. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO AN AGREEMENT WITH DORMNOISE AND NOT ANY THIRD PARTY WITH WHOM DORMNOISE HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "I ACCEPT" CHECK BOX, YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH DORMNOISE AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS TOS. PERSONS UNDER 17 AND OVER 24 MAY NOT REGISTER FOR THE SERVICE AT THIS TIME.
Last updated: May 15, 2008
