1. Description of Service
Venplex, Inc. is providing Member with DateLeaf.com, a calendar centric social networking site. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Members access to the Internet, and (3) pay any fees related with such connection. This website is void where prohibited. This website (and services) is intended solely for users of 13 years of age and above. By using the site and the services you represent and warrant that you are above the age of 13 years.
2. Public Beta
You understand and acknowledge that this site is privided as a PUBLIC BETA and is made available on an AS IS basis for the purposes of public testing and feedback to our company. It is possible that the site may have errors and software bugs that may cause failures, corruption or loss of data, other inaccuracies, or other unforeseen issues. Your use of the site constitutes an acceptance of participating in this beta testing.
3. Member Accounts
To be able to use our site to create content, you need to create an account at DateLeaf.com. You agree to provide correct, current information as prompted for our registration. Members are responsible for all activity that occurs within their account, including any aliases they may create. We reserve the right to reclaim the usernames/alias names from members for which there may be legal claims or trademarks by businesses or individuals to those names.
4. Member Content
You are solely responsible for any content you post or upload to the website/service, be it text, graphics, video, audio, profiles, links to other sites and any other content. You may not post any content that is illegal or content that you do not own and or have permission/authorization to post/upload. By uploading/posting content you represent that: the content does not infringe on the rights of third parties such as copyright, trademark etc. the content does not contain spam the content is not pornographic or obscene the content does not contain or install any viruses, worms, malware, Trojan horses etc.
5. Disclaimer of Warranties.
The site is provided by Venplex, Inc. on an AS IS and on an AS AVAILABLE basis. To the fullest extent permitted by applicable law, Venplex, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Venplex, Inc. shall have no liability for any interruptions in the use of this Website. Venplex, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
6. Limitation of Liability
Venplex, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Venplex, Inc. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Venplex, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Member agrees to indemnify and hold Venplex, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Member use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member computer, of any intellectual property or any other right of any person or entity.
8. Modifications and Interruption to Service
Venplex, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Venplex, Inc. shall not be liable to Member or any third party should Venplex, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Venplex, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
10. Governing Jurisdiction of the Courts
11. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material 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.
12. Copyright and Trademark Information
All content (excepting the user provided content) included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Venplex, Inc., with all rights reserved, or is the property of Venplex, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Venplex, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Venplex, Inc. Venplex, Inc. and DateLeaf.com are proprietary marks of Venplex, Inc.. Venplex, Inc.trademarks may not be used in connection with any product or service that is not provided by Venplex, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DateLeaf.com and/or Venplex, Inc. All other trademarks displayed on VenPlex website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with DateLeaf.com/Venplex, Inc.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DateLeaf.com designates the following as its agent for receipt of notifications of claimed copyright infringement. By Mail Venplex, Inc., 4677 Old Ironsides Dr. Suite 200, Santa Clara CA 95054; By Email: [email protected]
14. Other Terms