Content Guidelines and Member Terms of Service.
Specifically, we do not allow any nudity or pornography
By using
ChessHub electronic mail services (ChessHub Mail), ChessHub chat
services (ChessHub Chatting), ChessHub web page services (ChessHub Web Page),
and/or ChessHub Internet searching services, you agree to the terms and
conditions of service contained in this agreement (the Agreement). Make sure
that you read the following document completely and carefully, because, by
pressing the accept button, you will have agreed to all the terms and
conditions in this Agreement. Please note that PeopleNet
is the owner of the www.chesshub.com web site, the www.peoplenet.com web site,
ChessHub Mail, ChessHub Chatting, ChessHub Web Page, and ChessHub Internet
searching services.
Summary
You agree not to use either the
ChessHub Mail, ChessHub Chatting, ChessHub Web Page, or ChessHub Internet searching services for illegal purposes or for
the transmission of material that is illegal, harassing, libelous, invasive of
another's privacy, abusive, threatening, harmful, obscene, or otherwise
objectionable, or that infringes or may infringe any other person or entity's
intellectual property or other rights, or for sending junk mail, spam mail, or
unsolicited mass email.
You agree to provide true and correct information about yourself in the
ChessHub Mail, ChessHub Chatting, and ChessHub Web Page registration form(s).
You agree that PeopleNet and its designees, assignees,
or successors (PeopleNet) may in their sole discretion terminate your account
if they believe you have violated this Agreement.
You agree to report any violations of this Agreement to PeopleNet.
If you are under the age of 18 years, you agree to get permission from at
least one of your parents or your guardian before you give personally
identifying information to others via the Internet using PeopleNet services,
and you agree to read the ChessHub Privacy Policy posted at www.chesshub.com.
Detailed Terms and Conditions
I. Acknowledgment and Acceptance
The ChessHub
Mail, ChessHub Chatting, ChessHub Web Page, and ChessHub Internet searching services (the Services), are owned by PeopleNet and are
provided to you (the Member) under the terms and conditions of this Agreement
and any amendments to the Agreement and any operating rules or policies (the
Total Agreement) that may be published from time to time by PeopleNet. The
Total Agreement comprises the entire agreement between Member and PeopleNet
and supersedes any prior agreements pertaining to the subject matter contained
herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE I ACCEPT
BUTTON, YOU ARE AGREEING TO BE BOUND BY THE Total Agreement.
II. Description of Services
PeopleNet is providing Member with the capability to send and receive
electronic mail via the World Wide Web on the ChessHub Mail system, to create
and post web sites on the World Wide Web using the ChessHub Web Page system,
to participate in chat rooms, chat sessions, and forums on the World Wide Web
using the ChessHub Chatting system, and to search the Internet using the ChessHub
search engine. PeopleNet does not charge Member for the Services
(though PeopleNet may in the future charge a fee for use of the Services, and
though Member may be charged if Member elects to enroll in premium PeopleNet
services). Member must: (a) provide for Member's own access to the World Wide
Web and pay any service fees associated with such access, and (b) provide all
equipment necessary for Member to make such connection to the World Wide Web,
including a computer and modem.
III. Member's Registration Obligations
In consideration of PeopleNet providing the Services, Member agrees to: (a)
provide true, accurate, current and complete information about Member as
prompted by the Services, and (b) maintain and update this information to keep
it true, accurate, current and complete. This information about Member shall
be referred to as Registration Data. If Member provides any untrue,
inaccurate, not current, or incomplete information, PeopleNet reserves the
right to terminate Member's account and refuse any and all current or future
use of the Services.
IV. User of Registration Data
Member agrees that PeopleNet may disclose Registration Data and information
about Member's use of the Services provided that such disclosures do not
include Member's name, mailing address, email address, telephone or facsimile
number, or account number, except as authorized by Member or Member's
representative, or as required by law or legal process, or as set forth in
Paragraph VI below.
V. Modifications To The Total Agreement And To Services
A. The Total Agreement.
PeopleNet may change the Total Agreement from time to time. Member will be
notified of any changes to the Total Agreement by a startup screen describing
the changes, by a general notice posted on PeopleNet's web site, by electronic
mail to Member's ChessHub Email address on record in PeopleNet's account
information, and/or by written communication sent by mail to Member's current
address of record in PeopleNet's account information. By clicking on the I
Accept button that follows the posted changes, Member agrees to be bound by
the modifications to the Total Agreement, and/or Member's continued use of the
Services constitutes an affirmative: (1) acknowledgment by Member of the Total
Agreement and its modifications, and (2) agreement by Member to abide and be
bound by the Total Agreement and its modifications. If Member does not click
the I Accept button, PeopleNet may terminate Member's account.
B. The Services.
PeopleNet reserves the right to modify or discontinue, temporarily or
permanently, the Services with or without notice to Member. This includes the
right of PeopleNet to charge a fee for any or all of the Services, to
institute new fees or charges, and to change the Services. Member agrees that
PeopleNet shall not be liable to Member or any third-party for any
modification or discontinuance of the Services. Member will be notified of any
changes to the Services by a startup screen describing the changes, by a
general notice posted on PeopleNet's www.chesshub.com web site, by electronic
mail to Member's ChessHub Email address on record in PeopleNet's account
information, and/or by written communication sent by mail to Member's current
address of record in PeopleNet's account information. By clicking on the I
Accept button that follows the posted changes, Member agrees to be bound by
the modifications to the Services, and/or Member's continued use of the
Services constitutes an affirmative: (1) acknowledgment by Member of the
modifications to the Services, and (2) agreement by Member to abide and be
bound by the Total Agreement and any modifications. If Member does not click
the I Accept button, PeopleNet may terminate Member's account.
VI.
PEOPLENET/VChessHub Privacy Policy
PeopleNet considers email and chat communications transmitted via the
Services to be the private correspondence between the sender and recipient.
PeopleNet will not monitor, edit or disclose the contents of a Member's
private communications, except that Member agrees PeopleNet may do so: (a) as
required by law; (b) to comply with legal process; (c) if necessary to enforce
the Total Agreement; (d) to respond to claims that such contents violate the
rights of third-parties; (e) to protect the rights or property of PeopleNet or
others; and (f) under exigent circumstances, to protect the personal safety of
its users or the public.
Member understands and agrees that technical processing of email and chat
communications is and may be required (a) to send and receive messages; (b) to
conform to the technical requirements of connecting networks; (c) to conform
to the limitations of the Services; or (d) to conform to other, similar
technical requirements.
Member acknowledges and agrees that PeopleNet does not endorse the content
of any Member communications and are not responsible or liable for any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable content, or
content that infringes or may infringe the intellectual property or other
rights of another or that may facilitate any crime.
VII. Member Account, Password and Security
Member will receive a password and account designation upon completing the
registration process. Member is responsible for maintaining the
confidentiality of the password and account, and is fully responsible for all
activities which occur under Member's password or account. Member agrees to
immediately notify PeopleNet of any unauthorized use of Member's password or
account or any other breach of security.
Member agrees not to give Member's password and/or account designation to
anyone in a chat room. Any Member, especially those under the age of 18 years,
should be very careful not to give personal information to strangers in chat
rooms.
VIII. Member Conduct
A. General Requirements.
Member agrees to abide by all applicable local, state, national, and
international laws and regulations in Member's use of the Services, and agrees
not to interfere with the use and enjoyment of the Services by other members.
Member agrees to be solely responsible for the contents of Member's
transmissions through the Services.
Member agrees (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected to the
Services; (c) to comply with all requirements, procedures, policies and
regulations of networks connected to the Services; and (d) to comply with all
applicable laws regarding the transmission of technical data exported from the
United States.
Member agrees not to transmit through the Services any unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind. Member agrees not to transmit
any material that violates the rights of another, including but not limited to
the intellectual property rights of another. Member shall not interfere with
another member's use and enjoyment of the Services or another person or
entity's use and enjoyment of similar services. Member agrees not to transmit
any material that violates any applicable local, state, national, or
international law or regulation, or that encourages conduct that could
constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law or
regulation. Member agrees not to attempt to gain unauthorized access to other
computer systems or networks connected to the Services.
The Services make use of the Internet to send and receive messages;
therefore, Member's conduct is subject to Internet regulations, policies, and
procedures. Member agrees not to transmit junk mail, spam, chain letters, or
unsolicited mass distribution of email.
B. Content Limitations.
Member agrees to refrain from using the Services (or any of them) for any
or all of the following activities: (a) displaying material containing nudity
or pornographic material; (b) providing expressions of bigotry, prejudice,
racism, hatred, or profanity; (c) promoting or providing instructional
information about illegal activities, promoting physical harm or injury
against any group or individual, or promoting any act of cruelty to animals;
(d) defaming any person or group;(e) providing commercial services, including
but not limited to the following: (1) offering for sale any products or
services, (2) soliciting for advertisers or sponsors, (3) displaying a
sponsorship banner of any kind, including those that are generated by banner
or link exchange services, with the exception of those requested to be
displayed by PeopleNet, (4) displaying banners for services that provide cash
or cash-equivalent prizes to members in exchange for hyperlinks to their web
sites, (5) promoting or soliciting for participation in multilevel marketing
or pyramid schemes, and (6) conducting raffles or contests that require any
type of entry fee; (f) displaying material that exploits people under 18 years
of age; (g) developing restricted or password-only access pages, or hidden
pages or images (those not linked to from another accessible page); (h) using
your page (or directory) as storage for remote loading or as a door or
signpost to another home page, whether inside or beyond www.peoplenet.com or
www.chesshub.com; (i) committing, inducing, or contributing to acts of
copyright, trademark, patent, trade secret or other intellectual property
infringement, including but not limited to offering pirated computer programs
or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or registration
numbers for software programs, or any type of cracker utilities (this also
includes files which are solely intended for game emulation); (j) violating
Internet standards for the purpose of promoting your home page; (k) developing
home pages or session posts that consist of hyperlinks to content not allowed
in www.peoplenet.com or www.chesshub.com; (l) having multiple PeopleNet or ChessHub
addresses that are within the same PeopleNet or ChessHub neighborhood
or which have the same theme; (m) using www.peoplenet.com or www.chesshub.com
or the PeopleNet Services for the purpose of gathering personally identifiable
information for commercial or unlawful purposes; and (n) posting or disclosing
any personally identifiable information belonging to children.
C. Termination for Failure to Conform.
PeopleNet may, at its sole discretion, immediately terminate Services to
Member should Member's conduct fail to conform with these terms and conditions
of the Total Agreement.
IX.
PEOPLENET/ChessHub Web Page Requirements and Limitations
A.
PeopleNet/ChessHub Banners
Member agrees either to place PeopleNet and
ChessHub banners on top of
Member's web page(s) or to support the PeopleNet advertising program.
Alternatively, Member may not place the PeopleNet and ChessHub banners on top
of Member's web page(s) by paying a fee to be determined by PeopleNet under
its current fee and services structure.
B. Limitation on Number of Web Pages
Each Member is limited to one
ChessHub Web Page address per theme.
Each ChessHub address gives Member a limited amount of disk space (subject to
current availability), but Member can have more disk space for Member's files
by paying a fee to be determined by PeopleNet under its current fee and
services structure.
C. Member's Responsibilities and Liability, Handling Complaints
Member is solely responsible for everything contained in Member's personal
ChessHub web page(s). Member can be held legally liable for the contents of
Member's web page(s), including by publishing defamatory or libelous comments
or statements or any information that violates the intellectual property
rights (e.g., copyright, patent, trade secret, or trademark rights) of another
without the permission of the author or owner.
If PeopleNet receives a complaint that the contents of any of Member's web
page(s) violate or infringe intellectual property rights or are otherwise
unlawful, Member understands and agrees that PeopleNet make take any and all
steps PeopleNet believes to be appropriate under the circumstances, such as:
(a) immediately taking any or portion or all of the web page(s) off-line or
suspending the web page(s); and (b) instructing the Member to contact the
complaining party. If Member and the complaining party are able to resolve the
dispute, PeopleNet may reactivate the web page(s) at issue, together with any
modifications on which Member and the complaining party have agreed.
D. PeopleNet's Reservation of Rights and Limitations on Responsibilities
Member understands and agrees that PeopleNet is not responsible for the
delivery of any goods or services sold or advertised through PeopleNet's
sponsors or commercial web pages. Member also understands and agrees that
PeopleNet is not responsible for the content of any PeopleNet or ChessHub member's personal web page or any commercial web page, and that the opinions
and views expressed in any PeopleNet or ChessHub member's personal web pages
or any commercial web pages do not reflect those of PeopleNet, and that the
contents of any PeopleNet or ChessHub member's personal web page or any
commercial web page are not reviewed in any way before they appear via the
PeopleNet Services.
Member also understands and agrees that, if it appears to PeopleNet that
Member's web page(s) are infringing another's copyright, trademark, patent, or
other intellectual property rights, PeopleNet has the unfettered right to
delete all files and remove Member from the PeopleNet and ChessHub systems
without warning.
Furthermore, in response to a subpoena, PeopleNet reserves the right to
disclose personal information about Member if PeopleNet believes that any of
Member's web page(s) are violating, or are being in connection with a
violation of, the law or are in violation of the content guidelines set forth
in the Total Agreement.
E. Removal of Web Pages
Member understands and agrees that PeopleNet has the right to remove any
PeopleNet or ChessHub member's web page from the system that PeopleNet finds,
in its sole discretion, violates the Total Agreement or otherwise is in
violation of the law. Member understands and agrees that PeopleNet does not
actively monitor the content of PeopleNet's or ChessHub's members' web pages
or commercial web pages. Member also understands and agrees that PeopleNet is
not responsible for any loss of data resulting from PeopleNet's deletion of
Member's web page(s), or for deletion or corruption of Member's web page(s)
due to network or system outages, file corruption, or any other reason.
X.
CHESSHUB Chatting Requirements and Limitations
Member is entirely responsible and liable for all of Member's activities
conducted through any ChessHub Chatting chat or forum session in which Member
participates. Member agrees not to violate Section VIII above or do any of the
following actions while using ChessHub Chatting: (a) harass, threaten,
embarrass, or cause distress or discomfort upon another ChessHub Chatting
participant, user or other individual or entity, including the use of blatant
expressions of bigotry, racism, hatred or profanity; (b) transmit, via ChessHub
Chatting, any data text, files, links, software, communication or
other materials that PeopleNet considers to be unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically
or otherwise objectionable; (c) partake in any activity that causes a
disruption in the normal delivery of the ChessHub Chatting service; (d)
impersonate in PeopleNet chat any person; (e) post or transmit any unsolicited
advertising or promotional materials.
XI. Indemnity
Member agrees to indemnify and hold PeopleNet and its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Member's use of the Services, Member's connection to the
Services, Member's violation of the Total Agreement, or violation by Member
(or another user of the Services using Member's computer) of any rights of
another, including intellectual property rights.
XII. No Resale of Services
Member's right to use the Services is personal to Member. Member agrees not
to resell the Services or use of or access to the Services, without express
written permission of PeopleNet.
XIII.
ChessHub Mail Storage
PeopleNet assumes no responsibility for the deletion or failure to store
email messages. PeopleNet may establish an upper limit on the size of message
storage it will maintain for Member.
XIV. Termination
Member agrees that PeopleNet may terminate Member's password, account, or
use of the Services if PeopleNet believes (a) that Member has violated or
acted inconsistently with the letter or spirit of the Total Agreement, or (b)
that Member has violated the rights of PeopleNet or other members or third
parties. Member further agrees that PeopleNet may terminate Member's password,
account, or use of the Services if Member fails to use the Services at least
one time during a reasonable period of time as determined by PeopleNet from
time to time, which period shall not be less than three months.
Member acknowledges and agrees that any termination of service under the
Total Agreement under any provision of the Total Agreement may be effected
without prior notice, and acknowledges and agrees that PeopleNet may
immediately delete email files in Member's account and bar any further access
to such files or the Services, and PeopleNet shall have no obligation to
forward any unread or un sent messages to Member or any third party. PeopleNet
shall not liable to Member or any third party for termination of Services.
XV. Dealings With Advertisers
Member's correspondence with or participation in promotions of advertisers
found on the Services, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between Member and such advertiser.
Member agrees not to hold PeopleNet 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 advertisers on the Services.
XVI. Links
The Services may provide, or members may include in email, links to other
web sites, web pages, or other resources. Member acknowledges and agrees that
PeopleNet is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. Member agrees that PeopleNet shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on such external sites or resources.
XVII. PEOPLENET'S Proprietary Rights To Content
Member acknowledges and agrees that content, including but not limited to
text, software, music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to Member through
the Services or advertisers is protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. Member acknowledges and
agrees that Member is permitted to use this material and information only as
expressly authorized by PeopleNet or advertisers, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or
information without express authorization.
XVIII. Disclaimer Of Warranties
Member EXPRESSLY AGREES THAT USE OF THE Services IS AT Member's SOLE RISK.
THE Services ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.
PeopleNet EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
PeopleNet MAKES NO WARRANTY THAT THE Services WILL MEET Member's
REQUIREMENTS, THAT THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES PeopleNet MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE Services OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE Services OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
Member UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE Services IS DONE AT Member's
OWN DISCRETION AND RISK AND THAT Member WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO Member's COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PeopleNet MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH OR FROM THE Services OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE Services.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Member FROM
PeopleNet OR THROUGH OR FROM THE Services SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
MEANING THAT SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XIX. Limitation of Liability
Member AGREES THAT PeopleNet SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE Services, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Services OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF Member's TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF PeopleNet HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Member FURTHER AGREES THAT PeopleNet SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE Services,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEANING THAT SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
XX.
CHESSHUB Search Services
A. Disclaimer of Warranties
PeopleNet provides its searching services and search engine free. PeopleNet
explicitly disclaims any responsibility for the accuracy, content, or
availability of any information located in any search using ChessHub searching
services. The content of the Internet is in constant flux, meaning that
PeopleNet's ChessHub searching and indexing techniques cannot possibly list
all accessible sites and cannot guarantee that all search results will not be
offensive, vulgar, or obscene. Accordingly, PeopleNet does not guarantee that
Member's search results will be complete or that the links associated with the
listed web sites will be accurate at the time of search.
THE Peoplweb SEARCHING SERVICES ARE PROVIDED AS IS. THUS, PeopleNet OFFERS
AND GIVES NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. No Control over Content of Web Sites
PeopleNet has control only over the content of www.peoplenet.com or
www.chesshub.com. Thus, the web sites displayed as search results or otherwise
linked to www.peoplenet.com or www.chesshub.com are developed by individuals
and entities over whom PeopleNet has no control. PeopleNet cannot and does not
screen or review any web sites before including them in PeopleNet's index of
web sites that can be searched. PeopleNet, therefore, cannot and does not
assume any responsibility for the content of any web site that Member locates
as the result of a PeopleNet or ChessHub search or that is linked to the
PeopleNet or ChessHub web sites at www.peoplenet.com or www.chesshub.com.
XXI. Special Clearance For Under-18 Members
ATTENTION: IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU MUST GET PERMISSION
FROM AT LEAST ONE OF YOUR PARENTS OR YOUR GUARDIAN BEFORE YOU DO ANY OF THE
FOLLOWING ON OR THROUGH THE SERVICE: SEND ANY INFORMATION ABOUT YOURSELF OR
OTHERS , PURCHASE ANY PRODUCT OR SERVICE, ENTER ANY CONTEST, GAME, GIVE-AWAY,
OR SWEEPSTAKES. IN ANY CASE, EVEN IF YOU GET PERMISSION FROM ONE OF YOUR
PARENTS OR YOUR GUARDIAN TO SUBMIT YOUR NAME TO BE PUBLICLY POSTED ON THE
SERVICE, YOU SHOULD NEVER USE YOUR FULL NAME. JUST SUBMIT YOUR FIRST NAME OR
INITIALS.
ALSO, IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU AGREE TO READ, OR HAVE AT
LEAST ONE OF YOUR PARENTS OR YOUR GUARDIAN READ, THE PeopleNet PRIVACY POLICY,
WHICH IS ACCESSIBLE ON THE PeopleNet or ChessHub WEB SITES AT
www.peoplenet.com or www.chesshub.com.
PeopleNet ENCOURAGES YOU NEVER TO PROVIDE YOUR FULL NAME, ADDRESS,
TELEPHONE NUMBER, OR OTHER PERSONALLY IDENTIFYING INFORMATION TO ANYONE VIA
THE INTERNET. TO THIS END, PeopleNet REQUESTS THAT YOU OR ONE OF YOUR PARENTS
OR GUARDIAN READ THE PeopleNet and ChessHub PRIVACY POLICIES, WHICH DESCRIBE
THE PeopleNet POLICY REGARDING USE OF THE Services BY MINORS.
XXII. Notice
Any notice to Member or to the Services shall be made via either email or
regular mail. The Services may also provide notices of changes to the Total
Agreement or other matters by displaying notices to members generally on the
Services.
XXIII. General
The Total Agreement and the relationship between Member and PeopleNet shall
be governed by the laws of the State of California without regard to its
conflict of law provisions. Member and PeopleNet agree to submit to the
personal and exclusive jurisdiction and venue of the courts located within the
State of California; Member and PeopleNet further agree that any dispute
between Member and PeopleNet filed in the federal courts must be filed in the
District Court for the Northern District of California, and the parties agree
to submit to the personal jurisdiction and venue of the District Court for the
Northern District of California.
The failure of PeopleNet to exercise or enforce any right or provision of
the Total Agreement shall not constitute a waiver of such right or provision.
If any provision of the Total Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Total Agreement remain in full
force and effect.
Member agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services or
the Total Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the Total Agreement are for convenience only and have
no legal or contractual effect.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY
ALL OF ITS TERMS. 68043.LJ1
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