INTERNET GOINGCONFERENCE.COM
This is the agreement ("User Agreement" or "Agreement") which states the Terms of Service ("TOS") for Services provided through or in connection with GoingConference.com. Before you may use the Services of GoingConference.com you must read, agree with, and accept all of the terms and conditions of this agreement, of the GoingConference.com Privacy Policy, and of information which is incorporated in this Agreement by reference. Material contained on other pages and websites is expressly referred to and is expressly incorporated by reference into this Agreement. If you do not agree to be bound by all of these terms and conditions, including those expressly incorporated by reference, then do not use GoingConference.com or the Services of GoingConference.com
PERSONS UNDER THE AGE OF FOURTEEN (14) YEARS ARE NOT ELIGIBLE TO USE THE GOINGCONFERENCE.COM WEB SITE OR THE GOINGCONFERENCE SERVICES, UNLESS THEIR LEGAL GUARDIAN OR REPRESENTATIVE FIRST AGREES WITH US THAT THEY MAY USE GOINGCONFERENCE.COM AND THE SERVICES AND THEY USE THE SERVICES UNDER THE SUPERVISION OF A PARENT, GUARDIAN OR TRUSTED ADULT. IF YOU ARE UNDER THE AGE OF FOURTEEN YEARS, DO NOT ATTEMPT TO REGISTER AS A PAYING MEMBER AND DO NOT PROVIDE US WITH ANY OF YOUR PERSONAL INFORMATION (OTHER THAN YOUR FIRST NAME).
If you terminate this Agreement then you must cease all use of, and remove from your computer(s), any software associated with GoingConference.com and the Services; and you must destroy any copies of such software, except only that you shall not destroy matter which is reasonably likely to be or to become material evidence in judicial or arbitration proceedings.
If you violate any terms or conditions of this Agreement then we may terminate this Agreement without notice to you.
Following termination of this Agreement this Agreement will survive for the limited purpose of governing rights, obligations and responsibilities which arise from events and transactions that occurred prior to such termination; but no right will survive for continued or future use of GoingConference.com or the Services. For example, if you incur charges, liabilities, or obligations to GoingConference.com which have not yet been paid or discharged at the time you terminate then you remain obligated to pay such charges and to discharge such liabilities and obligations after you terminate. As a further example, your obligations to respect our copyrights, trademarks, and other intellectual property continue after termination.
If you give written notice of termination, but continue or resume use of GoingConference.com or the Services then GoingConference.com may elect in its sole discretion to deem your termination to be ineffective, but retains its rights to immediately terminate, block or restrict your use without notice.
(i) your accessing of the GoingConference.com domain, or any subdomains or linked domains of Internet GoingConference, LLC., or the GoingConference.com website or pages;
(ii) your logging on to GoingConference.com;
(iii) any email or other communications you have with GoingConference.com or Internet GoingConference, LLC or its employees or agents; and
(iv) your financial and other transactions with GoingConference.com. or Internet GoingConference, LLC.
"Your User's Information" is distinguished from, and does not include, communications between you and third parties by use of GoingConference.com and the Services, which are defined under the topics "Your Communications Content" and "Your Correspondents' Communications Content."
It is the responsibility and risk of the Host Member to use whatever identification measures the Host thinks appropriate and prudent when the Host supplies its registered address for delivery to prospective participants and when the Host approves a particular user name and email address for participation in a Host's particular Limited Participation session. Similarly, it is the responsibility and risk of a prospective participant when using a Host's email address, and when supplying GoingConference.com with the prospective participant's email address and password for delivery to a Host, to use such measures as the prospective participant thinks appropriate and prudent to identify and verify whom it will be dealing with in a session, including without limitation the Host and other participants in the session.
We reserve the right, for protection of ourselves and our systems, to use whatever lawful means may be at our disposal to attempt to verify any IP (Internet Port) address, email address, or other identification information of any Member, participant, user or visitor.
Within Limited Participation sessions all transmission of communications is initiated or directed by the Host and other participants, not by GoingConference.com. Communication content is transmitted among the Host and other participants automatically based upon the Host's selection of participants. The transmission, routing, provision of connections, and any storage of content is done at the direction of the Host and other participants, and material is transmitted by automatic technical processes without selection or modification of the content by GoingConference.com.
GoingConference.com does not otherwise record, backup, or archive the contents of Host and participant communications during a Limited Participation session, except as is technically necessary for that particular Limited Participation session, and those contents then are dissipated from GoingConference.com's systems either during or upon termination of a particular Limited Participation session. No copy of Your Communications Content or Your Correspondents' Communication Content during Limited Participation sessions is maintained or stored on the GoingConference.com system or network in a manner that ordinarily would be accessible to anyone other that the Host and participants selected by the Host for a particular Limited Participation session.
After termination of a particular session no copy that has been maintained by GoingConference.com during a particular Limited Participation session remains ordinarily accessible to the Host or other participants for a longer period than is reasonably necessary for that Limited Participation session.
The Host and other participants are entirely responsible for any recordation, archiving, or other backup of their own content, and may do so only as permitted by applicable law. GoingConference.com explicitly disclaims any such recordation, archiving and backup except as is reasonably necessary to functionally maintain a Limited Participation session then in progress.
After completion of a particular Limited Participation session the only information that is retained by design at GoingConference.com with reference to that Limited Participation session is a record that the Host's session took place, which may include the time, and the user names, email addresses and IP addresses supplied by the Host, participants and prospective participants for that session.
GoingConference.com does not monitor the content of Host and participant communications during Limited Participation sessions. The Host and participants bear sole responsibility, risk and liability for the content of their communications and for the identification and selection of recipients of their communications.
GoingConference.com does not pre-screen the content of transmissions and postings originated or transmitted by you or by any other user or visitor in GoingConference Public Rooms. We have no obligation to post, display, transmit, or retain any material whatsoever in any GoingConference Public Room or other publicly accessible area. We at our sole and unfettered discretion may limit access of anyone, refuse to post, or may remove or delete any matter, or may block or terminate access by any person, at any time for any reason or for no reason. We also may make available or unavailable any Public Room, public page, or other area that may be generally accessible to the public.
You do not receive any license authorizing you to, and you shall not, assign, sublicense, distribute, redistribute, publish, compile, decompile, copy, modify, or reverse engineer, any content or technical means of the GoingConference.com website, the Services, our systems, or our software; and this restriction applies to both public areas and limited participation areas.
You also may request that your GoingConference.com registration and Membership be terminated and deleted by sending an email to admin@goingconference.com. To aid fraud prevention, termination and deletion may be deferred for up to 90 days after you instruct termination. Please see the topic Archival Retention of Your Information to read about what information may remain in archived records after termination of your registration and Membership.
(b) make any false, materially misleading, or fraudulent statements or communications to us or to any other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any copyright, trademark, patent, or other intellectual property of Internet GoingConference, LLC or of any third party, nor misappropriate or disclose trade secrets or other proprietary rights without the consent of the owner, nor violate the privacy rights of any person;
(f) engage in defamation, slander, unlawfully harassing, hateful, or threatening activity;
(g) engage in or communicate unlawful obscenity or pornography, or child-harming activity [and you agree that you shall not transmit, post, email, forward, or otherwise use or traffic in material which is lawfully suitable only for adults except in areas and channels of communication that are restricted to Mature Audiences and to which only persons for whom such material is suitable will be given access];
(h) engage in, pass on or transmit any Ponzi or pyramid scheme;
(i) "stalk" or harass any other person;
(j) if you are accessing or using GoingConference.com or the Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction.
(bb) interfere with or cause us to lose the services of our Internet Service Providers ("ISPs") or other persons who provide goods or services to us;
(cc) create or purport to create liability for us;
(dd) undermine the integrity of the user referral system or the user feedback system;
(ee) interfere with the performance by our employees of their duties;
(ff) create or impose an unreasonable load on GoingConference.com or its services, functions or infrastructure;
(gg) employ any automatic data-mining or search engine, including without limitation any robot, spider, scraper, or similar means to access GoingConference.com or the Services without the express, prior written consent of an authorized officer of Internet GoingConference, LLC;
(hh) bypass security measures or constraints which we have created to restrict access to or use of our systems and our data;
(ii) transmit any material that constitutes or contains any harmful computer code, including without limitation, any computer virus, Trojan horse, worm, time bomb, denial of service, cancelbot, easter egg, or other computer codes or methods which are harmful to, unlawfully detract from the function or performance of, expropriate, misappropriate, or misuse our computers, software, systems or infrastructure, or those of any other person; "transmit" includes without limitation to upload, post, email or otherwise make available;
(jj) copy, modify, create derivative works from, reverse-engineer, decompile, duplicate, distribute, or publicly display any matter obtained from GoingConference.com or the Services, or from any other person by use of the Services, without the express prior written consent of Internet GoingConference, LLC or other person owning rights in such matter;
(kk) by pass our home page, headers, control screens, or other functional elements of GoingConference.com and the Services, and, without limitation you shall not engage in "deep-linking," or similar or equivalent techniques.
(aaa) solicit advertisers or sponsors;
(bbb) solicit or obtain credit card, debit card, bank account or brokerage account information or charges;
(ccc) solicit, obtain, or collect private information of other persons;
(ddd) display advertising or sponsorships of any kind, including without limitation display banners generated by banner or link exchange services;
(eee) offer or sell goods or services;
(fff) unless you have a current and required governmental license to do so, provide personal services, counseling, or advice for which a governmental license is required, such as, without limitation, medical, psychiatric, psychological, dental, pharmacy, legal, investment, or accounting services;
(ggg) transmit "spam";
(hhh) collect or store personal data about other Members, participants or users.
you shall not aid or abet any other person to engage in any activity which is unlawful, or which is constrained or restricted by this Agreement; and you shall not contribute to any such misconduct of any other person.
If you believe that your copyright has been infringed, or that your intellectual property rights have been violated, then provide Internet GoingConference, LLC in writing with the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail ("email") address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
34.1 NO WARRANTY. INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS PROVIDE GOINGCONFERENCE.COM AND THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. WITHOUT LIMITING THE BREADTH OF THE FOREGOING SENTENCE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR THE PURPOSES OF THIS SECTION, " INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, GOINGCONFERENCE.COM, INTERNET GOINGCONFERENCE, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DISCLAIMERS OF WARRANTY.
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
WITHOUT LIMITING THE BREADTH OF THE KINDS OF DAMAGES EXCLUDED BY THE PRECEDING SENTENCE, INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING KINDS OF DAMAGES ARISING OR RESULTING FROM: (a) ANY USE OR INABILITY TO USE GOINGCONFERENCE.COM OR THE SERVICES; (b) ANY COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES; (c) ANY UNAUTHORIZED ACCESS TO, DEGRADATION OF, OR ALTERATION OF THE CONTENTS OF TRANSMISSIONS OF YOU OR ANY THIRD PARTY; (d) ANY CONDUCT OR COMMUNICATIONS OF ANY THIRD PARTY BY USE OF GOINGCONFERENCE.COM OR THE SERVICES; OR (e) ANY OTHER MATTER OR CIRCUMSTANCE RELATED TO GOINGCONFERENCE.COM OR THE SERVICES.
IN ANY CIRCUMSTANCE WHERE INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS MAY HAVE LIABILITY TO YOU THAT IS NOT EXCLUDED BY THE FOREGOING, THEN ANY SUCH LIABILITY TO YOU AND TO ANY THIRD PARTY IS LIMITED IN AMOUNT TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100), AND (B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID TO US IN THE NINETY (90) DAYS IMMEDIATELY PRIOR TO THE EVENTS ALLEGEDLY GIVING RISE TO THE CLAIMED LIABILITY.
FOR THE PURPOSES OF THIS SECTION " INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS " IS INTENDED TO INCLUDE, WITHOUT LIMITATION, GOINGCONFERENCE, INTERNET GOINGCONFERENCE, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DAMAGE EXCLUSIONS AND LIMITATIONS.
Some states do not allow exclusion or limitation of incidental or consequential damages in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing exclusion and limitation may not apply to you. The law varies from state to state and the law applicable in your particular case may give you specific legal rights.
(a) breach by you or by anyone for whom you bear responsibility of this Agreement or of any of the materials which this Agreement incorporates by reference; or
(b) violation by you or by anyone for whom you bear responsibility of any law or of the rights of any third party.
(i) you have no right to resell or re-transmit GoingConference.com or the Services;
(ii) you shall not distribute or re-distribute any of the Services, use the Services on timeshare or service bureau basis, for operation of a website, or for any commercial or income-generating purpose. Any Reseller Agreement must be by separate writing, signed by two officers of Internet GoingConference, LLC.
GoingConference, South Africa
2nd Floor, West Tower
Maude Street, Sandton - 2196
Tel: Office +27-713-818-663
This is the agreement ("User Agreement" or "Agreement") which states the Terms of Service ("TOS") for Services provided through or in connection with GoingConference.com. Before you may use the Services of GoingConference.com you must read, agree with, and accept all of the terms and conditions of this agreement, of the GoingConference.com Privacy Policy, and of information which is incorporated in this Agreement by reference. Material contained on other pages and websites is expressly referred to and is expressly incorporated by reference into this Agreement. If you do not agree to be bound by all of these terms and conditions, including those expressly incorporated by reference, then do not use GoingConference.com or the Services of GoingConference.com
1. Parties to this contract
Internet GoingConference, LLC, a California limited liability company, is the party with whom you are contracting. Internet GoingConference, LLC sometimes is referred to as "we" or "us" or "our" in this Agreement, except as is otherwise expressly stated in particular sections. GoingConference.com is a service mark, trademark and trade name of Internet GoingConference, LLC. "You" means any person who uses the GoingConference.com web site or any of the Services of GoingConference.com, including without limitation a "User" or a "Member" or a "participant" (in a Hosted Session) or a "visitor" (to a web site or page). You agree that this is an agreement between independent contractors, and it is not a joint venture, partnership, employer-employee, agent-principal, or franchisor-franchisee relationship. Neither you nor Internet GoingConference, LLC is authorized to bind the other to any contract.2. Pricing and Payment for Services
Pricing and payment terms and conditions for use of GoingConference.com and the Services are posted, and may be amended from time to time, at the link http://www.goingconference.com/pricing.html which is incorporated herein by this reference.3. Services of GoingConference.com
This Agreement states the terms and conditions upon which services are offered to you at the Internet domain GoingConference.com, and its sub-domains (collectively the "Services"). These services include but are not limited to: the web site, chat rooms, use of GoingConference.com ‘Public', ‘Personal', 'Professional', ‘ScreenShare' 'Presenter', or other product or service. Services are governed by this Agreement whether the particular service or use is free or paid. GoingConference.com may be linked to other websites owned and controlled by Internet GoingConference, LLC. You agree that your use of those other linked websites owned and controlled by Internet GoingConference, LLC will be bound by the terms and conditions of use and the privacy policy posted on such other websites, if different from these Terms of Service.4. Registration and User ID
You must register and obtain a GoingConference User Identification ("User ID") and select a password to use the Services of GoingConference.com. When registering you must provide us with a valid user identity and a valid, functional email address for providing notices and communications to you concerning this Agreement and transactions with GoingConference.com and the Services. You are responsible for the accuracy and completeness of the information which you provide to GoingConference.com in your registration and your use of GoingConference.com and the Services. You agree that you shall provide a valid, lawful identity in your registration and that you shall not impersonate any other person. You agree that you will promptly correct any errors in your registration information and will promptly update your registration information when it changes. If you do not have authority to supply information which is required either for registration or for a particular use of GoingConference.com or the Services, then do not register or do not engage in the particular use of GoingConference.com or the Services for which you lack such authority.5. Membership Account; Security; Password
It is your responsibility to preserve and protect the confidentiality of your User ID, your password, and your membership account designation. You are entirely responsible for activities conducted under your membership account. You agree that you shall (a) make certain that you fully exit from your account at the end of each of your sessions, and (b) immediately notify GoingConference.com in writing (which may be by email to care@goingconference.com ) if there is any unauthorized use of your account or password or other security breach. GoingConference.com and Internet GoingConference, LLC shall not be liable for any cost, loss, damage or liability which arises or is alleged to arise from your failure to comply with this section.6. Links to Websites of Other Persons
GoingConference.com may provide links to websites of persons other than GoingConference.com and Internet GoingConference, LLC. Those links to other persons are provided solely as a courtesy without any representation or warranty as to their content, use, or terms. Your use of such other websites is subject to the terms and conditions and privacy policies, if any, of the persons who control such other websites and you use them at your own risk. GoingConference.com cannot control such websites of other persons.7. Eligibility
GoingConference.com Services are available only to persons who are capable under the applicable law of forming valid contracts. If you are a natural person using GoingConference.com on behalf of an entity, then by registering in the name of the entity and using the Services you represent and warrant that the entity may lawfully enter into this agreement and that you have lawful authority to bind that entity to the terms and conditions of this User Agreement. If you are a child (under the age of 18 years), or lack legal competency, then the Services of GoingConference.com Services are not available to you; do not use the Services. If you are under the age of 18, or are subject to a legal guardianship, then you can use GoingConference.com and the Services only if your legal guardian or representative first agrees with us that you may use GoingConference.com and the Services.PERSONS UNDER THE AGE OF FOURTEEN (14) YEARS ARE NOT ELIGIBLE TO USE THE GOINGCONFERENCE.COM WEB SITE OR THE GOINGCONFERENCE SERVICES, UNLESS THEIR LEGAL GUARDIAN OR REPRESENTATIVE FIRST AGREES WITH US THAT THEY MAY USE GOINGCONFERENCE.COM AND THE SERVICES AND THEY USE THE SERVICES UNDER THE SUPERVISION OF A PARENT, GUARDIAN OR TRUSTED ADULT. IF YOU ARE UNDER THE AGE OF FOURTEEN YEARS, DO NOT ATTEMPT TO REGISTER AS A PAYING MEMBER AND DO NOT PROVIDE US WITH ANY OF YOUR PERSONAL INFORMATION (OTHER THAN YOUR FIRST NAME).
8. Interstate and International Use
You recognize that the Internet is global in nature. The GoingConference.com Website and the Services of GoingConference.com are intended to be offered only in jurisdictions where the Website and Services and the manner in which they are offered are lawful. If the Website or Services of GoingConference.com are not lawful in the nation, state, or other jurisdiction where you are located, then do not use or attempt to use GoingConference.com or the Services in that place. If you are accessing or using GoingConference.com or the Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction. You also agree that you shall comply with all applicable laws concerning transmission of technical data, including without limitation, the export of technical data from the United States or from the jurisdiction in which you reside or are accessing GoingConference.com.9. Effective Date
This Agreement takes effect immediately upon completion of registration by a new user. This Agreement applies to all others who use, or continue use, GoingConference.com or the Services of GoingConference.com after February 29, 2004.10. Amended Terms and Conditions
We reserve the right to change the terms and conditions of this Agreement and the Privacy Policy from time to time by posting the changes on the GoingConference.com website, or by notice to the most-recent email address specified in your registration as a Member, or such other method as we deem reasonable and practicable under the circumstances. You agree that your subsequent use or continued use of GoingConference.com or the Services on or after the date posted changes take effect constitutes your consent to the amended terms and conditions. Except for such changes posted by us, this Agreement may only be amended in writing signed by an authorized officer of Internet GoingConference, LLC. In non-urgent situations we will post the changes on GoingConference.com for a period of thirty days before those changes take effect, after which those changes automatically shall take effect for uses, transactions and communications on and after the effective date. When we in our sole discretion deem a situation to be urgent or to constitute an emergency then we may implement immediate changes of terms and conditions for immediate application in then-current and future uses by such posting on the GoingConference.com website, or such other method of notice, as we deem to be reasonable and practical in such urgent or emergency circumstances, and we will state the date such changes will take effect. In particular, we reserve the right to halt, interrupt, or prevent your use of GoingConference.com without prior notice.11. Termination of This Agreement
This is an agreement at will, which either you or we may terminate, with or without cause. You may terminate this Agreement only by giving written notice of termination to GoingConference.com and ceasing all further use of GoingConference.com and the Services. If you are a Member you may log on to GoingConference.com then click on the link YourAccount.GoingConference.com to edit your account information, which includes an option to terminate your Membership account. If you decide after you have entered into this Agreement that you no longer wish to agree with any term or condition of this Agreement, as it may be amended from time to time, then your only remedy is to terminate this Agreement by written notice, to cease use, and to refrain from further use GoingConference.com and its Services.If you terminate this Agreement then you must cease all use of, and remove from your computer(s), any software associated with GoingConference.com and the Services; and you must destroy any copies of such software, except only that you shall not destroy matter which is reasonably likely to be or to become material evidence in judicial or arbitration proceedings.
If you violate any terms or conditions of this Agreement then we may terminate this Agreement without notice to you.
Following termination of this Agreement this Agreement will survive for the limited purpose of governing rights, obligations and responsibilities which arise from events and transactions that occurred prior to such termination; but no right will survive for continued or future use of GoingConference.com or the Services. For example, if you incur charges, liabilities, or obligations to GoingConference.com which have not yet been paid or discharged at the time you terminate then you remain obligated to pay such charges and to discharge such liabilities and obligations after you terminate. As a further example, your obligations to respect our copyrights, trademarks, and other intellectual property continue after termination.
If you give written notice of termination, but continue or resume use of GoingConference.com or the Services then GoingConference.com may elect in its sole discretion to deem your termination to be ineffective, but retains its rights to immediately terminate, block or restrict your use without notice.
12. Your User's Information; Your Information
As a user you and your computer necessarily must supply information to access, register and use GoingConference.com and the Services. You may choose, or your computer may automatically function, to send information to us, or exchange it with us and others during the course of your use of GoingConference.com and the Services. Your User's Information (also called "Your Information") is defined for the purposes of this Agreement to mean the content and the form of any and all information which you or your computer provide to us, or cause or permit other persons to transmit to us, in connection with:(i) your accessing of the GoingConference.com domain, or any subdomains or linked domains of Internet GoingConference, LLC., or the GoingConference.com website or pages;
(ii) your logging on to GoingConference.com;
(iii) any email or other communications you have with GoingConference.com or Internet GoingConference, LLC or its employees or agents; and
(iv) your financial and other transactions with GoingConference.com. or Internet GoingConference, LLC.
"Your User's Information" is distinguished from, and does not include, communications between you and third parties by use of GoingConference.com and the Services, which are defined under the topics "Your Communications Content" and "Your Correspondents' Communications Content."
13. Your Communications Content
"Your Communications Content" is the content and form of any information that you post, communicate, transmit, or direct to any third party in any manner through the use of GoingConference.com, or the Services, or the GoingConference.com Internet domain, or any subdomain, or any linked domain that is owned, controlled or operated by Internet GoingConference, LLC. You are solely responsible for the accuracy, lawfulness, risks and use of the content of Your Communications Content. GoingConference.com does not select, monitor or modify Your Communications Content. "Third party" means any person not affiliated with Internet GoingConference, LLC.14. Your Correspondents' Communications Content
"Your Correspondents' Communications Content" means the content and form of any information that you receive, access, take or otherwise obtain that originated from, was sent from, or was posted by any third party in any manner through GoingConference.com the GoingConference.com Services, or the GoingConference.com Internet domain, or any subdomain, or any linked domain that is owned, controlled or operated by Internet GoingConference, LLC. You and your correspondents are solely responsible for the accuracy, lawfulness, risks and use of the content of Your Correspondents' Communications Content. GoingConference.com does not monitor, select or modify Your Correspondents' Communications Content. "Third party" means any person not affiliated with Internet GoingConference, LLC.15. Information We Receive, Switch and Transmit Without Recording
GoingConference.com provides systems for the receipt, switching and transmission of Your Communications Content and Your Correspondents' Communications Content during your sessions using the Services. This is similar in some respects to the switching of telephone calls. 15.1 Limited Participation Sessions and Host-approved Participants. 15.1.1 Registered Members Act as Hosts of Limited Participation Sessions. During a session using GoingConference.com Personal, GoingConference.com Private, or GoingConference.com Professional, GoingConference.com receives and transfers communications only among the Host and other participants who have been approved by the Host Member to participate in that particular private session or conference ("Limited Participation" session). GoingConference.com records both the registration information of the Host Member and that Host Member's User ID and email address because only registered Members of GoingConference.com can act as Host of a Limited Participation session. As a necessary condition of participation in a Limited Participation session, GoingConference.com requires that each other participant supply GoingConference.com with a user name and a valid, functional email address with reference to which communications will be switched during that particular session. (The terms of service for uses implemented on GoingConference.com Enterprise software generally will not be covered by this Agreement because GoingConference.com Enterprise software is licensed to Enterprise Customers who operate that software on computer servers owned or controlled by the Enterprise Customer, not under the control of Internet GoingConference, LLC.) 15.1.2 Non-Host Participants in Limited Participation Sessions. To participate in a Limited Participation session a prospective participant must first log onto the GoingConference.com system by providing GoingConference.com with the prospective participant's user name and a valid, functional email address. GoingConference.com records the user name and email address supplied during log-on by each prospective participant in a Limited Participation session. GoingConference.com does not require that any participant in a Limited Participation session, other than the Host Member, be a registered member. GoingConference.com does not undertake to verify the validity or functionality of the email address provided by a prospective participant. However, all Members and participants are required to provide valid, functional email addresses, the products and services may not function correctly without them, and it is a violation of this Agreement for a Member or participant to supply a non-functional, fake, or impersonated email address and user name. Each prospective participant's log-on information will be recorded by GoingConference.com. Prospective non-Host participants either (1) can be invited to participate in a particular Limited Participation session through an email initiated by the Host through GoingConference.com's system, or (2) can be informed of the Host's email and scheduled session by means independent of GoingConference.com's system. The prospective participant then must log onto GoingConference.com's system and query the GoingConference.com system by manually keying in the registered email address of the Host Member to determine whether that Member is the Host of a currently pending or scheduled session, and then can request participation in that Host's current or scheduled session. GoingConference.com forwards to the Host of a particular session the logged-on user name and email address of each prospective participant who has requested participation with reference to that Host's registered email address. The Host of that particular Limited Participation session then must affirmatively select which of the logged-on user names and email addresses are approved for participation in that Host's particular Limited Participation session and must transmit back to GoingConference.com the Host's affirmative approval of the selected user names and email addresses. Thus GoingConference.com will have identifiable Membership registration information for the logged-on user name and email address of a non-Host participant only if, coincidentally, a non-Host participant also happens to be a registered Member and has used that identical user name and email address to register as a Member.16. IP Addresses Received and Recorded
Every user's browser as part of the automatic network protocol reports its IP (Internet Port) address to the GoingConference.com website each time a web page is viewed and we may record and store some or all of these IP addresses as well as a listing of the web pages requested using a particular IP address . Your IP address may be stored in our data base when you register for Membership.17. GoingConference.com Not Obliged to Verify User Names, Email Addresses or Identities
Because a user name and email address are used to route communications among computers, and because computers communicate with each other by coded network addresses, the combination of a user name and email address might, but does not necessarily, identify a particular person. GoingConference.com ordinarily does not and usually cannot verify or authenticate email addresses and does not undertake any obligation to you to do so. GoingConference.com does not and usually cannot verify or control the identity of the natural persons who have access to or control the particular computers that are identified by an IP address or email address supplied to GoingConference.com for computer-routing purposes and we do not undertake any obligation to you to do so.It is the responsibility and risk of the Host Member to use whatever identification measures the Host thinks appropriate and prudent when the Host supplies its registered address for delivery to prospective participants and when the Host approves a particular user name and email address for participation in a Host's particular Limited Participation session. Similarly, it is the responsibility and risk of a prospective participant when using a Host's email address, and when supplying GoingConference.com with the prospective participant's email address and password for delivery to a Host, to use such measures as the prospective participant thinks appropriate and prudent to identify and verify whom it will be dealing with in a session, including without limitation the Host and other participants in the session.
We reserve the right, for protection of ourselves and our systems, to use whatever lawful means may be at our disposal to attempt to verify any IP (Internet Port) address, email address, or other identification information of any Member, participant, user or visitor.
18. Contents Of Host and Participant Communications Are Transitory in Limited Participation Sessions; No Archival Storage
During Limited Participation sessions, communications among the Host and other participants are transitorily resident within the automatic switching systems, computer memory, and any temporary on-line parallel or concurrent backup systems of GoingConference.com and our Internet Service Providers ("ISPs"). Each Limited Participation session is generally limited not to exceed ten consecutive days, and most will have much shorter duration.Within Limited Participation sessions all transmission of communications is initiated or directed by the Host and other participants, not by GoingConference.com. Communication content is transmitted among the Host and other participants automatically based upon the Host's selection of participants. The transmission, routing, provision of connections, and any storage of content is done at the direction of the Host and other participants, and material is transmitted by automatic technical processes without selection or modification of the content by GoingConference.com.
GoingConference.com does not otherwise record, backup, or archive the contents of Host and participant communications during a Limited Participation session, except as is technically necessary for that particular Limited Participation session, and those contents then are dissipated from GoingConference.com's systems either during or upon termination of a particular Limited Participation session. No copy of Your Communications Content or Your Correspondents' Communication Content during Limited Participation sessions is maintained or stored on the GoingConference.com system or network in a manner that ordinarily would be accessible to anyone other that the Host and participants selected by the Host for a particular Limited Participation session.
After termination of a particular session no copy that has been maintained by GoingConference.com during a particular Limited Participation session remains ordinarily accessible to the Host or other participants for a longer period than is reasonably necessary for that Limited Participation session.
The Host and other participants are entirely responsible for any recordation, archiving, or other backup of their own content, and may do so only as permitted by applicable law. GoingConference.com explicitly disclaims any such recordation, archiving and backup except as is reasonably necessary to functionally maintain a Limited Participation session then in progress.
After completion of a particular Limited Participation session the only information that is retained by design at GoingConference.com with reference to that Limited Participation session is a record that the Host's session took place, which may include the time, and the user names, email addresses and IP addresses supplied by the Host, participants and prospective participants for that session.
GoingConference.com does not monitor the content of Host and participant communications during Limited Participation sessions. The Host and participants bear sole responsibility, risk and liability for the content of their communications and for the identification and selection of recipients of their communications.
19. GoingConference Public Rooms; Public Video, Text Chat Rooms and Billboards
GoingConference.com may provide public video, text chat rooms, billboards, special interest rooms, and other publicly available contents at its website ("GoingConference Public Rooms"), the content of which may be accessible by any member of the general public visiting the GoingConference.com website with minimal or no registration. GoingConference.com's Public Rooms enable visitors and prospective Members to engage in limited trials of GoingConference.com's systems. Visitors to the GoingConference.com website may be enabled to post information to some GoingConference Public Rooms. The content posted by visitors to the GoingConference Public Rooms will be transitorily resident within the automatic switching systems, computer memory and caches, and any temporary on-line parallel or concurrent backup systems, of GoingConference.com and its Internet service providers. Both the posting and accessing of content in GoingConference.com Public Rooms is done automatically at the direction of visitors and prospective Members and GoingConference.com does not undertake to select or modify such content, other than by deleting it from time to time. GoingConference.com does not archive or preserve content which is posted in GoingConference Public Rooms. Our policy is to take down material from GoingConference Public Rooms after display for not more than ten consecutive days, and often more frequently, after which such content dissipates from its systems. GoingConference.com reserves the right, at any time and for any reason whatsoever or for no reason: (i) to take down, restrict, or refuse to post any information in the GoingConference Public Rooms, or (ii) to make such Public Rooms available or unavailable.20. License Granted By You To Us for Content Transmitted by You to Public Areas
When you communicate content to or within any GoingConference Public Room or any other area of GoingConference.com which is intended to be accessible by the general public, then you shall be deemed to have granted to us (Internet GoingConference, LLC ) an irrevocable, world-wide, no-royalty, no-fee license to publish, distribute, use, reproduce, modify, adapt, translate, publicly perform and publicly display (in whole or in part) in any manner, place, or medium whatsoever such content transmitted or posted to GoingConference Public Rooms. This license from you to us is fully sublicensable by us.GoingConference.com does not pre-screen the content of transmissions and postings originated or transmitted by you or by any other user or visitor in GoingConference Public Rooms. We have no obligation to post, display, transmit, or retain any material whatsoever in any GoingConference Public Room or other publicly accessible area. We at our sole and unfettered discretion may limit access of anyone, refuse to post, or may remove or delete any matter, or may block or terminate access by any person, at any time for any reason or for no reason. We also may make available or unavailable any Public Room, public page, or other area that may be generally accessible to the public.
21. License Granted by Us To You for Use of Our Systems and Software
Internet GoingConference, LLC grants you a temporary limited license to access and use GoingConference.com Public Rooms which then are being made available by us without registration by you as a Member; this license is non-transferable and non-sublicensable by you, is terminable at will by us without notice to you; and is subject to the terms of this Agreement. Generally your access to a Public Room may be automatically limited not to exceed ten minutes during any one log on by you. If you register as a Member, and so long as you comply with the payment terms and other terms of this Agreement, or if you are granted access by a Host Member to a Limited Participation session, then you are granted by us a temporary limited license to use those portions of our system which we provide for that particular Limited Participation session. Your license as Member is non-sublicensable and non-transferable by you, and is terminable at will by us at any time for any reason or for no reason.You do not receive any license authorizing you to, and you shall not, assign, sublicense, distribute, redistribute, publish, compile, decompile, copy, modify, or reverse engineer, any content or technical means of the GoingConference.com website, the Services, our systems, or our software; and this restriction applies to both public areas and limited participation areas.
22. Content May Be Offensive
You recognize that GoingConference.com generally does not, and usually cannot, pre-screen, monitor, modify or control in real time the content of any communications or posting, either in Limited Participation areas or in publicly accessible areas. Therefore, you acknowledge that when you use any area of GoingConference.com there is a risk that you could be exposed to salacious, obscene, pornographic, hateful, misleading, fraudulent or other objectionable materials posted or otherwise communicated by other Members, participants, users, or visitors. You agree to accept this risk. You agree that GoingConference.com and Internet GoingConference, LLC shall have no responsibility or liability to you for any such exposure you may experience. GoingConference.com does not intentionally sponsor such offensive matter and you and all other users are required to agree not to engage in the conduct which is prohibited or restricted by this Agreement, but we do not, and ordinarily cannot, undertake to police such conduct by users.23. Adult or Mature Content; No Access To Or Targeting of Children
There may be areas of GoingConference.com which are specifically designated for "adult" or "mature" content. You agree that you shall not transmit, post or otherwise communicate "adult" or "mature" content outside of such designated areas by use of GoingConference.com or the Services. You further agree that you shall not target children with, and shall not permit children to have access to, the areas designated as "adult" or "mature." If you are an adult and you object to such "adult or "mature" content you agree that you shall refrain from accessing such areas. Nothing in this section shall be construed as authorizing you to transmit, post, deliberately access, or otherwise communicate unlawful pornographic matter or hate matter by use of GoingConference.com or the Services, and you shall not do so.24. You Warrant Your Authority For Use of Your Information
You represent and warrant to Internet GoingConference, LLC that you have full authority to disclose and use Your Information without violating the rights of any other party. If you do not have full authority with respect to any information, then do not supply it and do not use it as part of Your Information. YOU ARE WARNED AND URGED TO USE PRUDENCE AND CAUTION TO LIMIT ANY INFORMATION YOU PERMIT TO BE TRANSMITTED OR RECEIVED ON THE INTERNET BECAUSE THE INTERNET IS FORMED OF INNUMERABLE COMPUTERS CONTROLLED BY INNUMERABLE PERSONS OTHER THAN GOINGCONFERENCE.COM, NO PRIVACY OR SECURITY SYSTEMS OR METHODS ARE FOOLPROOF, AND THUS ANY EXPOSURE OF YOUR INFORMATION TO THE INTERNET CREATES INHERENT RISKS OF DISCLOSURE TO UNAUTHORIZED PERSONS. GoingConference.com and Internet GoingConference, LLC will make reasonable efforts to maintain your information according to the GoingConference Privacy Policy but it is neither theoretically possible nor financially feasible to absolutely prevent any loss of privacy or security concerning Your Information. BY USING GOINGCONFERENCE.COM AND THE SERVICES YOU ACKNOWLEDGE AND ACCEPT THESE RISKS25. License Of Your User Information From You to Us
For the purpose of enabling GoingConference.com to use Your User Information without violating any rights you may have in Your User Information, you hereby grant GoingConference.com and Internet GoingConference, LLC a license to exercise all rights of copyright, database, and publicity that you have in Your Information. This license with respect to Your Information is a non-exclusive, royalty-free, no-fee right which continues perpetually unless affirmatively terminated by written notice to us by you, and which may be exercised by Internet GoingConference, LLC, and its successors and affiliates, world-wide in any medium now known or which may become known in the future. We at GoingConference.com and Internet GoingConference, LLC agree to limit our use of Your Information to the GoingConference.com Privacy Policy, as that policy has been amended from time to time and as that policy exists at the time of use by GoingConference.com and Internet GoingConference, LLC of Your Information. We will respect any opt-out election which you have validly exercised and communicated to us in accord with our applicable Privacy Policy. IF YOU DO NOT WISH TO GRANT THIS LICENSE OF YOUR INFORMATION TO US, THEN DO NOT USE GOINGCONFERENCE.COM AND THE SERVICES; GOINGCONFERENCE.COM AND INTERNET GOINGCONFERENCE CANNOT PROVIDE YOU THE SERVICES WITHOUT THIS LICENSE FROM YOU TO US. You may click on the link http://www.GoingConference.com/privacy.html to view our current privacy policy.26. Your Editing and Deletion of Your User Information
Internet GoingConference, LLC provides ways for you to edit Your Information and preferences. To do so, please log on using your User Name and password, then click on Admin Options. This link enables you to state whether or not you want GoingConference.com to contact you about special offers and new products; it enables you to specify which categories of information you wish to receive or not receive, to exercise opt-out elections, or to request termination of your account.You also may request that your GoingConference.com registration and Membership be terminated and deleted by sending an email to admin@goingconference.com. To aid fraud prevention, termination and deletion may be deferred for up to 90 days after you instruct termination. Please see the topic Archival Retention of Your Information to read about what information may remain in archived records after termination of your registration and Membership.
27. Archival Retention of Your Information
In order to protect its systems against failures and loss of data and to enable resumption and continuation of the Services with minimal disruption and down time, GoingConference.com likely will maintain parallel, redundant, backup, or other archival systems ("Archived User Information.") which may vary from time to time depending up the technology then in use by us. Such systems are designed to archive information which can be recalled. As a matter of course during operation of our systems Your Information is likely to be included in Archived User Information. When your registration and Membership are terminated in our currently active databases, there likely will remain pre-existing copies of Your Information in Archived User Information that is being held more or less independently of the currently active databases and from which Your Information therefore will not have been deleted. Reasonable efforts will be made to promptly include your termination request in the most current Archived User Information so that your termination instruction will be honored. However, it is possible that in the event of loss or damage of the currently active databases, older Archived User Information which still contains Your Information will be used to restore service, thereby resulting in restoration of Your Information in what then becomes the currently active databases. You agree to accept this risk and your sole remedy in such an event will be to again request termination of your registration and Membership. Even when you request termination of your account, it will be necessary for GoingConference.com to maintain some limited records of your transactions with GoingConference.com. For example, we may maintain some identifying information concerning you to keep a record of your request for termination of your account as well as records of our prior transactions with you for our financial and tax reporting purposes.28. Prohibited and Restricted Actions
28.1 Unlawful Activities. You agree that you shall not do any of the following in connection with your use of GoingConference.com, the Services, or Your Information:
(a) violate any law, statute, regulation, or rule having the force of law; this includes without limitation, laws concerning anti-terrorism, money laundering, export control, investment securities, consumer protection, unfair competition, anti-discrimination, false advertising, gambling, wagering, eavesdropping, communication interception, child abuse, elder abuse, "hate" crimes, obscenity, pornography, and insider trading;(b) make any false, materially misleading, or fraudulent statements or communications to us or to any other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any copyright, trademark, patent, or other intellectual property of Internet GoingConference, LLC or of any third party, nor misappropriate or disclose trade secrets or other proprietary rights without the consent of the owner, nor violate the privacy rights of any person;
(f) engage in defamation, slander, unlawfully harassing, hateful, or threatening activity;
(g) engage in or communicate unlawful obscenity or pornography, or child-harming activity [and you agree that you shall not transmit, post, email, forward, or otherwise use or traffic in material which is lawfully suitable only for adults except in areas and channels of communication that are restricted to Mature Audiences and to which only persons for whom such material is suitable will be given access];
(h) engage in, pass on or transmit any Ponzi or pyramid scheme;
(i) "stalk" or harass any other person;
(j) if you are accessing or using GoingConference.com or the Services in any nation, state or other jurisdiction which restricts such access or usage, then you shall abide by the laws of that place and refrain from any access or use as required by the laws of the applicable jurisdiction.
28.2 Improper , Illegal and Abusive Computer and System Functions. You agree that you shall not:
(aa) interfere with, impair or degrade any functions of GoingConference.com or the Services;(bb) interfere with or cause us to lose the services of our Internet Service Providers ("ISPs") or other persons who provide goods or services to us;
(cc) create or purport to create liability for us;
(dd) undermine the integrity of the user referral system or the user feedback system;
(ee) interfere with the performance by our employees of their duties;
(ff) create or impose an unreasonable load on GoingConference.com or its services, functions or infrastructure;
(gg) employ any automatic data-mining or search engine, including without limitation any robot, spider, scraper, or similar means to access GoingConference.com or the Services without the express, prior written consent of an authorized officer of Internet GoingConference, LLC;
(hh) bypass security measures or constraints which we have created to restrict access to or use of our systems and our data;
(ii) transmit any material that constitutes or contains any harmful computer code, including without limitation, any computer virus, Trojan horse, worm, time bomb, denial of service, cancelbot, easter egg, or other computer codes or methods which are harmful to, unlawfully detract from the function or performance of, expropriate, misappropriate, or misuse our computers, software, systems or infrastructure, or those of any other person; "transmit" includes without limitation to upload, post, email or otherwise make available;
(jj) copy, modify, create derivative works from, reverse-engineer, decompile, duplicate, distribute, or publicly display any matter obtained from GoingConference.com or the Services, or from any other person by use of the Services, without the express prior written consent of Internet GoingConference, LLC or other person owning rights in such matter;
(kk) by pass our home page, headers, control screens, or other functional elements of GoingConference.com and the Services, and, without limitation you shall not engage in "deep-linking," or similar or equivalent techniques.
29. Restricted Commercial Activities
You agree that you shall not, without the prior express written consent of a duly authorized officer of Internet GoingConference, LLC, use GoingConference.com or the Services to do any of the following:(aaa) solicit advertisers or sponsors;
(bbb) solicit or obtain credit card, debit card, bank account or brokerage account information or charges;
(ccc) solicit, obtain, or collect private information of other persons;
(ddd) display advertising or sponsorships of any kind, including without limitation display banners generated by banner or link exchange services;
(eee) offer or sell goods or services;
(fff) unless you have a current and required governmental license to do so, provide personal services, counseling, or advice for which a governmental license is required, such as, without limitation, medical, psychiatric, psychological, dental, pharmacy, legal, investment, or accounting services;
(ggg) transmit "spam";
(hhh) collect or store personal data about other Members, participants or users.
30. Aiding, Abetting and Contributing to Unlawful Activity
You agree, in connection with your use of GoingConference.com and the Services, that:you shall not aid or abet any other person to engage in any activity which is unlawful, or which is constrained or restricted by this Agreement; and you shall not contribute to any such misconduct of any other person.
31. GoingConference.com Copyrights
Copyright © Internet GoingConference, LLC 2008. All rights reserved.32. GoingConference.com Trademarks
The following are trademarks of Internet GoingConference, LLC: "Internet GoingConference" , "GoingConference.com" , "GoingConference Personal" , "GoingConference Professional" , and "GoingConference Public Room ".33. Copyright and Other Intellectual Property; Notice of Claims of Infringement
We respect the copyright and other intellectual property of other persons. We ask that you also respect intellectual property rights. In appropriate cases we may exercise discretion to limit, terminate or disable the accounts of Members or other users who are identified as repeat infringers, or to remove or disable access to infringing material.If you believe that your copyright has been infringed, or that your intellectual property rights have been violated, then provide Internet GoingConference, LLC in writing with the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail ("email") address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
34. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:34.1 NO WARRANTY. INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS PROVIDE GOINGCONFERENCE.COM AND THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. WITHOUT LIMITING THE BREADTH OF THE FOREGOING SENTENCE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR THE PURPOSES OF THIS SECTION, " INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS" IS INTENDED TO INCLUDE, WITHOUT LIMITATION, GOINGCONFERENCE.COM, INTERNET GOINGCONFERENCE, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DISCLAIMERS OF WARRANTY.
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
35. Limitations and Exclusions of Damages
IN NO EVENT SHALL INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS BE LIABLE FOR ANY OF THE FOLLOWING KINDS OF DAMAGES: LOST PROFITS, LOST GOOD WILL, BUSINESS INTERRUPTION; OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL , OR EXEMPLARY DAMAGES ARISING, OR ALLEGED TO ARISE, OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT.WITHOUT LIMITING THE BREADTH OF THE KINDS OF DAMAGES EXCLUDED BY THE PRECEDING SENTENCE, INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING KINDS OF DAMAGES ARISING OR RESULTING FROM: (a) ANY USE OR INABILITY TO USE GOINGCONFERENCE.COM OR THE SERVICES; (b) ANY COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES; (c) ANY UNAUTHORIZED ACCESS TO, DEGRADATION OF, OR ALTERATION OF THE CONTENTS OF TRANSMISSIONS OF YOU OR ANY THIRD PARTY; (d) ANY CONDUCT OR COMMUNICATIONS OF ANY THIRD PARTY BY USE OF GOINGCONFERENCE.COM OR THE SERVICES; OR (e) ANY OTHER MATTER OR CIRCUMSTANCE RELATED TO GOINGCONFERENCE.COM OR THE SERVICES.
IN ANY CIRCUMSTANCE WHERE INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS MAY HAVE LIABILITY TO YOU THAT IS NOT EXCLUDED BY THE FOREGOING, THEN ANY SUCH LIABILITY TO YOU AND TO ANY THIRD PARTY IS LIMITED IN AMOUNT TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100), AND (B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID TO US IN THE NINETY (90) DAYS IMMEDIATELY PRIOR TO THE EVENTS ALLEGEDLY GIVING RISE TO THE CLAIMED LIABILITY.
FOR THE PURPOSES OF THIS SECTION " INTERNET GOINGCONFERENCE, ITS AFFILIATES, SUPPLIERS AND CONTRACTORS " IS INTENDED TO INCLUDE, WITHOUT LIMITATION, GOINGCONFERENCE, INTERNET GOINGCONFERENCE, OUR LIMITED LIABILITY COMPANY MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, THE SUPPLIERS OF OUR WEB SITES, OUR INTERNET SERVICE PROVIDERS ("ISPs"), OUR OTHER TECHNICAL AND SERVICE PROVIDERS, OUR RESELLERS, AND ANY PERSONS WHO MAY BE OR BE DEEMED OUR PARTNERS, JOINT VENTURERS, OR PRINCIPALS, EACH AND ALL OF WHOM SHALL BE EXPRESS THIRD PARTY BENEFICIARIES OF THESE DAMAGE EXCLUSIONS AND LIMITATIONS.
Some states do not allow exclusion or limitation of incidental or consequential damages in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing exclusion and limitation may not apply to you. The law varies from state to state and the law applicable in your particular case may give you specific legal rights.
36. Indemnity
You agree to indemnify us (" Internet GoingConference, LLC, its affiliates, suppliers and contractors" as defined in the sections which disclaim warranties and limit and exclude damages), and to hold us harmless, from any claim, cost, liability or demand or any third party, including reasonable attorneys fees, which arises or is alleged to arise from:(a) breach by you or by anyone for whom you bear responsibility of this Agreement or of any of the materials which this Agreement incorporates by reference; or
(b) violation by you or by anyone for whom you bear responsibility of any law or of the rights of any third party.
37. Provisions of General Application
37.1 Entire Agreement
This written Agreement, including any matter that is expressly incorporated in this Agreement by reference, constitutes the entire Agreement between you and Internet GoingConference, LLC and it governs your use of GoingConference.com and the Services. This Agreement supercedes any prior negotiations and agreements between you and Internet GoingConference, LLC. There are no oral terms to this Agreement. This Agreement can only be amended or altered in writing. Please note the separate section of this agreement concerning amendment of it. Your purchase or use of particular services and products of Internet GoingConference, LLC, or of third-party content or third-party software, may be governed by additional written terms and conditions specified when you purchase or access such particular services and products.37.2 Choice of Law and Choice of Forum
This Agreement, and the relationship between you and Internet GoingConference, LLC, shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. You and Internet GoingConference, LLC agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California.37.3 Statute of Limitations
You and Internet GoingConference, LLC agree that any claim or cause of action arising or alleged to arise out of, or related to, this Agreement, the use of GoingConference.com, or the Services, must be filed within one (1) year after such cause of action arose, or else such claim or cause of action shall be permanently barred. You and Internet GoingConference, LLC agree that this limitation applies regardless of any statute or law to the contrary which might otherwise apply.37.4 Export Controls
The Services, or some uses of them, may be subject to the export control laws of the United States. You agree that you shall not export, re-export, disclose, or transfer any of the Services, or any technical matter related to the Services, nor shall you use the Services, in violation of applicable export control laws and regulations.37.5 Restriction of Rights Concerning Government Usage
GoingConference.com and the Services comprise Restricted Rights in accord with DFARS Section 227.7202 et seq. If you are using GoingConference.com or the Services as a representative of the United States Department of Defense, or as a representative of any other governmental agency of any nation, state or locality, then you acknowledge that the Services, and any portion of them, are "Commercial Computer Software" (cf. DFARS Section 252.227-7014) and any documentation is "Commercial Computer Software Documentation," all of which were developed exclusively at private expense by Internet GoingConference, LLC and its predecessors, 14900 Ventura Boulevard, Suite 310, Sherman Oaks, CA 91403. You do not receive any rights to reproduce or modify the Services or any associated software.37.6 Non-Transferability; No Sublicensing; No Right of Survivorship
Your identity is an essential element of your registration and Membership, the accuracy of which you are required to represent and warrant as a necessary condition of your use of GoingConference.com and the Services. Among other reasons, the accuracy of your identity disclosures is material to our ability to protect ourselves and other Users from fraud and other abuses of our system and services. You cannot transfer or sub-license your registration, your Membership, or your rights under this Agreement. Upon your death any rights to your account terminate. Upon our receipt of a copy of a death certificate, or of other proof of death which is satisfactory to us in our sole discretion, your account can be terminated and your registration deleted by us.37.8 No ReSale, Re-Transmission or Commercial Use
Except for communications in which you are an active participant using GoingConference.com and the Services, in accord with the terms and conditions of this Agreement, and except as may otherwise be expressly agreed in a separate writing signed by two officers of GoingConference.com and Internet GoingConference.com, you agree that:(i) you have no right to resell or re-transmit GoingConference.com or the Services;
(ii) you shall not distribute or re-distribute any of the Services, use the Services on timeshare or service bureau basis, for operation of a website, or for any commercial or income-generating purpose. Any Reseller Agreement must be by separate writing, signed by two officers of Internet GoingConference, LLC.
37.9 No Third Party Beneficiaries
Except as is otherwise expressly stated in this Agreement, there shall be no third party beneficiary of this Agreement.37.10 Waiver and Severability
A failure of Internet GoingConference, LLC and GoingConference.com to exercise a right or provision of this Agreement shall not operate as a waiver of such right or provision. If a court of competent jurisdiction shall determine that any provision of this Agreement, or of any expressly incorporated document, is invalid, then it is agreed that the Court shall endeavor to revise such provision to give it such effect as is legally valid; and to the extent that a provision is invalid that provision shall be severed and the remainder of this Agreement enforced.37.11 Rights and Remedies Cumulative
All rights and remedies of GoingConference.com and Internet GoingConference, LLC under this Agreement or provided by law and equity shall be deemed cumulative and not exclusive of each other, and the exercise of one remedy shall not preclude the exercise of any other.37.12 Captions, Headings and Links
Captions, headings and links in this Agreement are for reference only and shall not be considered when construing this Agreement.38. Notices
38.1 Your Notices to Us
Any notice which you are permitted or required to give to GoingConference.com and Internet GoingConference, LLC under this Agreement shall be in writing and shall be delivered by U.S. mail, certified, first class or express mail, and prepaid ; or shall be delivered by a nationally recognized commercial delivery service which provides delivery tracking (such as Federal Express or UPS) addressed to:GoingConference, South Africa
2nd Floor, West Tower
Maude Street, Sandton - 2196
Tel: Office +27-713-818-663
38.2 Our Notices to You; Your Email Address for Notices
You agree that we may provide you with any notices that are permitted or required under or concerning this Agreement, including without limitation changes in the Terms and Conditions of Service or the Privacy Policy, by electronic means such email to the email address which you provide in your registration or otherwise; or by U.S. Post Office mail; or by postings on GoingConference.com or within any applicable Service of GoingConference.com to which you have subscribed. You agree that (i) it is your responsibility to keep us timely informed or your correct email address by editing your Membership registration data to reflect any changes in your email address, and it is your responsibility to monitor your own email at that email address; and (ii) it is your continuing responsibility as you use GoingConference.com and the Services to read and make certain you understand the notices which we post from time to time on GoingConference.com and the Services.39. Injunctive Relief
You agree that any use of GoingConference.com or the Services contrary to the terms of this Agreement, as amended from time to time, or any sublicensing, transfer, copying or disclosure of technical matter related to GoingConference.com or the Services is likely to cause irreparable harm to Internet GoingConference, LLC, its members, affiliates, providers, and suppliers, as well as to authorized sublicensees and Resellers of GoingConference.com and the Services, for which pecuniary compensation alone would be insufficient. You agree that under such circumstances Internet GoingConference, LLC, its members, affiliates suppliers, authorized sublicensees and Resellers shall be entitled to temporary, preliminary and permanent injunctive and other equitable relief, without posting bond or security.
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