As used in this Agreement, the following terms have the respective meanings set forth below:
1.1. “Company” is the exclusive owner and operator of www.president.so (the “Website”, the “Site”, the “Company”, “we”, “us”).
1.2. “Service(s)” refers to your use of the Website for any purpose whatsoever including but not limited to: creating a profile, looking through other people’s profiles, and communicating. The Company may offer additional services or revise any of the Services at its discretion, and this Agreement will apply to all additional Services or revised Services. The Company also reserves the right to cease offering any of the Services.
1.4. “User Content” stands for the material that you publish on the Site or send to other members except for personal contact information (such as telephone number, email address, password).
1.5. “Dating Pro Network” (the “Network”) stands for the users’ database and messages exchange system.
1.6. “Partner” means a member of the Dating Pro Network who is registered in the Dating Pro Network and who is taking part in the Dating Pro Network through the Partner Pages.
1.7. “Partner Page” stands for the Partner’s web pages or websites being part of the Dating Pro Network, working on its own or in conjunction with PRESIDENT Ltd and utilizing the database with information about users.
2. ACCEPTANCE OF TERMS
2.1. This Agreement was last updated on December 26, 2014.
2.3. We reserve the right to modify this Agreement at any time. The modified Agreement will become effective and will apply to your subscription upon our posting it on the Website. Your continued use of our Service after a modification has been posted shall be deemed to constitute acceptance by you of any such modification.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. Monitoring of information. We may use third-party advertising companies to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
3.2. No responsibility. You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
4. RIGHTS AND OBLIGATIONS OF USERS
4.2. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your username and password.
4.3. Code of conduct. You agree to use the Service in accordance with the following Code of Conduct:
You shall keep all information provided to you through the Service as private and confidential and shall not give such information to anyone without the permission of the person who provided it to you.
You shall not use the Service to engage in any form of harassment or offensive behaviour, 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 otherwise offensive language.
You shall not forward chain letters through the Service.
You shall not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You shall not post messages, pictures or recordings or use the Service in any way that:
- 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
- is fraudulent or otherwise unlawful or violates any law.
You shall not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
You shall not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, the Company, its systems, or any other members’ systems in any way.
4.4. Security. You agree to immediately notify the Company of any unauthorized use of your username or password or any unauthorized access to your account. For your own security, it is advisable to log out when you finish each use of the Services, especially if you are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning your username and password.
4.5. Interaction with the Dating Pro Network. By signing up on the Website you agree that the following information about you including but not limited to: photographs, first name, last name, nickname, age, birthdate and other information will be downloaded in the Dating Pro Network. Your login information such as email address and password will be encrypted by the method of irreversible encryption and only used by the Network to confirm your identity.
By registering with the Website you grant PRESEDNT GROUP the right to use your User Content as necessary in connection with the provision of the Services including:
- making your profile visible to the users on the Partner Pages (which will substantially increase the reach of your profile and the chances of finding a successful match);
- publishing your profile except for personal contact information (such as telephone number and email address) on Partner Pages as part of their promotion of the Site;
- making your profile visible to other Users within dating service specific emails (e.g. new local users notification, and so on).
You agree to receive messages from the end users of the Dating Pro Network for the purpose of acquaintance and interpersonal messaging.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
4.6. Account deletion. If you decide to be removed from the Website, you may delete your account and all information contained in the account including your ID and URL to the profile page. In that case, your photographs, first name, last name, nickname, age and birthdate, and any other information including personal contact information will be deleted from the Website and the Dating Pro Network and effectively blocked on the Partner Pages.
4.7. External links. The Service may contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents.
You understand that by using any of the External Links, you may encounter content that may be deemed offensive, indecent, or objectionable, content which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.
You agree to use the External Links at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. It shall be your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
By using External Links, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any External Links or for any other materials, products, or services of third parties.
You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that the Company shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
4.8. Disclosure by law. You acknowledge and agree that the Company may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Company’s, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
5. PAID MEMBERSHIPS AND PAID FEATURES
5.1. You shall pay the admission fee in the amount of xx (xx) USD to the Company for registration on www.domain.com.
5.2. You shall pay monthly association fees in the amount of xx (xx) USD to the Company for monthly access to www.domain.com.
5.3. Both the admission fee and monthly association fees are subject to change upon prior notice from the Company.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
6.1. If you believe that any material or content distributed by the Company constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information about you is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.1. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. You may terminate your account by following these steps: log in to your profile account on the Site, go to Settings and click the link ‘Delete profile permanently’. Alternatively you can send a cancellation request to: The Company, uk london
8. CONTACT INFORMATION
The Site and the Service are operated by the Company, whose registered office is London uk. Communications relating to the Site or Service should be sent to email@example.com.
President.So Terms of Service Agreement
Below is our our revised Terms of Service, which has been updated to reflect our current service offerings. In general, we have deleted references to a former product called "President.So Alliance" and added references to a new product called "President.So Everywhere." The changes to our Terms of Service are highlighted below.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PRESIDENT.SO OFFERS YOU ACCESS TO OUR WEBSITES, PLATFORM AND SERVICES:
We may update the Agreement at any time. When we do, we will revise the "Revision date" at the top of this Agreement, and you may view the most recent version at http://www.president.so/terms/. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and President.So regarding the Platform. By accessing or using the Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Platform.
Our Platform provides our users with a variety of resources to facilitate organizing of groups, (a "Meetup" or "President.So Group"), and creating of a network ("President.So Everywhere").
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any President.So Group or President.So Everywhere or President.So Meeting (as defined in Section 6.1) and your submission of acceptable Public Information (as defined in Section 4 ("Your Information")). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
2.1 Eligibility. Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended President.So users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular President.So Group or President.So Everywhere may be set by the organizer, co-organizer, or assistant organizer of the President.So Group (an "Organizer") or creator ("Creator") or host ("Host") of the President.So Everywhere.
We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
2.2 Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that President.So cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
3. Fees and Payments
3.1 General. Access to our websites and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
3.2 Fees Assessed by Organizers or Creators or Hosts; Payments to Organizers or Creators or Hosts. Some Organizers or Creators or Hosts may require or request fees for membership in a Group or participation in a President.So Everywhere, or for attendance at President.So Group or President.So Everywhere events. Individual President.So Group membership fees, President.So Everywhere fees, President.So Meeting or other event fees are at the discretion of each Organizer or Creator or Host, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. You may also have the option to make voluntary contributions to particular Organizers or Creators or Hosts. Fees assessed by Organizers or Creators or Hosts are remitted to the Organizer or Creator or Host and not to Meetup. To the extent that you use Amazon Payments, PayPal or another payment mechanism (e.g., check or cash), to pay fees assessed by an Organizer or Creator or Host, you acknowledge that President.So does not control the transaction, and that you bear all risk in connection with the transaction. Refunds of any payment you make to any Organizer or Creator or Host are subject to that Organizer's or Creator's or Host's policies and applicable law. If you believe any payment to an Organizer or Creator or Host is in error, you must contact the Organizer or Creator or Host to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer or Creator or Host. Organizers or Creators or Hosts have full discretion whether and how to spend money in connection with their President.So Groups or Alliances. We cannot ensure that an Organizer or Creator or Host is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in promotions of President.So Groups or President.So Everywheres, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer or Creator or Host.
3.3 President.So Group Fees; New Group Activation Fee. Organizers are responsible for the payment of President.So Group Fees for each President.So Group that they organize. President.So Group Fees are paid through the subscription to Meetup's website hosting services for President.So Groups (a "Basic Group Fee Subscription"). Each Basic Group Fee Subscription permits the member to organize three (3) President.So Groups. Organizers who allow their Basic Group Fee Subscription to lapse are subject to removal as the Organizer of the President.So Group that they lead, and their President.So Group may be terminated or transferred to another Organizer. Basic Group Fee Subscriptions are billed, as elected by the member, on either a monthly, quarterly, semi-annual, or annual recurring basis and are payable in advance of the subscription period with no refunds, except as set forth in Section 3.5 below. Basic Group Fee Subscriptions are non-transferable. By purchasing a Basic Group Fee Subscription, you authorize us to keep your subscription current by charging your credit card or PayPal account the monthly subscription fee and all applicable taxes until you discontinue your Basic Group Fee Subscription. To discontinue future billings of your subscription, follow the 'Your Account' link displayed on each website page when you are signed in. Organizers who start new President.So Groups are responsible for the payment of a President.So Group Activation Fee, which will be billed at the time a new President.So Group is started. We reserve the right to limit the number of President.So accounts that may be charged to a particular PayPal, credit card or other account ORGANIZERS ACKNOWLEDGE AND AGREE THAT RECEIPT OF ANY FEE FROM ANY THIRD PARTY IS A THIRD PARTY TRANSACTION BETWEEN YOU AND SUCH THIRD PARTY, AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. If you believe that any accounting by a Third Party is in error, you must contact such other Third Party, and not Meetup, to seek resolution. Your correspondence or business dealings with any Third Party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party.
3.4 Promotions; Coupon Codes; Group Sponsorships. We may from time to time offer promotions where we may discount or waive certain President.So Group fees, Basic Group Fee Subscriptions, President.So Group Activation Fees, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Additionally, we may ship free President.So promotional materials to an address you specify in order to promote your President.So Group, or we may offer your President.So Group third party sponsorship opportunities ("Sponsorships"). To accept a Sponsorship offer and receive any applicable Sponsorship payments, the Organizer must register for an Amazon.com Payments merchant account within 90 days of the Sponsorship offer. If an Organizer does not register for an Amazon.com Payments merchant account within 90 days of the Sponsorship offer, the Organizer and applicable President.So Group forfeit all right to any payment based upon that offer. Offers, promotions, and Sponsorships are subject to change.
3.5 Risk Free Trial. If for any reason you are dissatisfied during the first 30 days of your initial Basic Group Fee Subscription, you may request a refund of your initial Basic Group Fee Subscription payment and/or President.So Group Activation Fees. You may not receive a refund more than once. We reserve the right to refuse service to a President.So Group that in our determination is abusing this policy or otherwise acting in bad faith.
3.6 Consent to Disclosure. You acknowledge and agree that President.So may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Meetup, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
4. Your Information
4.1 Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a Group or a President.So Everywhere, or through the use of our Platform, in any public message board (including the personal introduction section of each topic group, or paid services of the President.So website) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
4.2 Restrictions. In consideration of your use of our Platform, you agree that Your Information:
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
5. Use of Platform
5.1 Control. You, and not Meetup, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will President.So its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
5.2 API License. Subject to the terms and conditions of this Agreement, President.So grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use any application programming interface ("API") that President.So makes available via the Platform for the sole purpose of integrating or making available Public Information on another web site. President.So reserves all rights not expressly granted under this Agreement.
5.3 Grounds for Removal, Sanction and/or Suspension.Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
(b) Posting any Public Information or other material:
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow President.So staff instruction or direction;
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose the Private Information of any member of a President.So Group or President.So Everywhere without the permission of that member; or
(g) Transmit money to President.So or any Organizer or Creator or Host through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. President.So reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend President.So Meetings at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, President.So and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.4 Interference with Platform.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of President.So or any other third party, except with the prior written consent of President.So or the appropriate third party.
5.5 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
6. Meetings at Venues
6.1 President.So Meetings. Through our Platform we provide tools that enable our users to arrange physical meetings (a "President.So Meeting" or President.So Gathering) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these President.So Meetings and are not involved in any way with the actions of any individuals at these President.So Meetings. As a result, we have no control over the identity or actions of the individuals who are present at these President.So Meetings, and we request that our users exercise caution and good judgment when attending these President.So Meetings.
6.2 Release. Because we do not supervise or control the President.So Group Meetings or interactions among or between members of President.So Groups or President.So Everywheres and other persons or companies, and because we are not involved in any way with physical transportation to or from President.So Meetings or with the actions of any individuals at President.So Meetings, and because we do not control Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, 3.3(b) (President.So Everywhere Fees; New President.So Everywhere Activation Fees), nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a President.So Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
7. Communications from President.So and Members of the President.So Community
7.1 President.So Communications. You understand that certain communications, such as President.So service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your President.So Group or President.So Everywhere, are part of our Platform. By using our Platform, you expressly agree to receive such communications from Meetup. You may manage your subscriptions to President.So communications in the Communication Preferences tab of the Your Account page; however, some basic communications are a necessary part of our Platform and may not be disabled.
7.2 Communications with Members of the President.So Community.
7.3 Role of Organizer and Creator and Host. You understand that the Organizer of a President.So Group or Creator or Host of a President.So Everywhere in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her President.So Group or President.So Everywhere, to charge fees in connection with membership in his or her President.So Group or President.So Everywhere, limit or set eligibility requirements for President.So Group or President.So Everywhere members, and to temporarily or permanently remove any content or information that you have posted in connection with such President.So Group or President.So Everywhere. Please be aware that an Organizer or Creator or Host is: (a) not Meetup's representative or agent, and therefore an Organizer or Creator and Host may not enter into contractual relations or obligations on Meetup's behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Group members unless expressly agreed by those Group members; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Organizer/Creator/Host or an individual Group/Everywhere member unless otherwise agreed.
7.4 Use of Pop-up Windows. President.So will not launch pop-up windows to advertise third-party products or services.
7.5 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that President.So 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 the use of or reliance on any such content, goods or services available on or through any such websites or resource.
10. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, 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 marketing partner or other third party. You agree that President.So shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a President.So Group or President.So Everywhere, or your participation as an Organizer or Creator or Host or in President.So Meetings(whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at President.So Gatherings). Without limiting the foregoing, you, as an Organizer or Creator or Host, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any President.So Group or President.So Everywhere member or third party due to or arising out of your actions as an Organizer or Creator or Host, including your use of money paid to you by members of your President.So Group or President.So Everywhere.
12. Warranties; Liability
12.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
12.2 Limitation of Liability. You agree that in no event shall President.So be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if President.So has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from President.So Gatherings , attendance at President.So Gatherings, participation in or exclusion from President.So Groups or President.So Everywheres and the actions of you or others at President.So Gatherings. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
12.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 12 may not apply to you.
13. Dispute Resolution
13.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in President.So Gatherings (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at President.So Gatherings). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation pursuant to Section 13.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 13.4. Nonetheless, legal action taken by President.So to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Meetup. In addition, either you or President.So may seek any interim or preliminary relief from a Court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or President.So pending the completion of arbitration.
13.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
13.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
13.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 13.2 and 13.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
13.5 Enforcement. The provisions of Sections 13.3 and 13.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered.
13.6 Notice; Waiver. By agreeing to this Agreement you have, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
13.7 Dispute Resolution By President.So for the Benefit of Users. We may try to help President.So members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
15. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular President.So Group or President.So Everywhere member or Organizer or Creator or Host, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
16. Trademarks; Copyrights; Proprietary Rights
16.1 Meetup's Trademarks. President.So trademarks and service marks, and other President.So logos, products and service names, are trademarks of President.So Inc. (the "President.So Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the President.So Trademarks without Meetup's prior written consent.
16.2 Copyrights and Trademarks of Others. President.So respects the intellectual property of others, and we ask our users to do the same. To the extent President.So uses a trademark that is the property of a third party, President.So shall provide clear notice to anyone viewing Meetup's use of that trademark that (a) President.So does not own the trademark and that the trademark is the property of a third party, (b) President.So has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Meetup's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat in fingers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.org
16.3 Proprietary Rights. You acknowledge and agree that our Platform contains propr<
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