1. ACCEPTANCE OF TERMS
Welcome to Older Online (a.k.a. OlderOnline.com). Older Online
provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from time to
time with or without notice to you. You can review the most
current version of the TOS at any time at:
http://www.olderonline.com/aboutus/tos.asp
In addition, when using particular Older Online Services
(e.g., Older Online Store, Older Online Galleries), you and
Older Online shall be subject to any posted guidelines or rules
applicable to such Services, which may also be updated from
time to time with or without notice to you. All such guidelines
or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Older Online currently provides users with access to a rich
collection of on-line resources, including, various communications
tools, online forums, shopping services, personalized content
and branded programming through its network of properties (the
"Service"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release
of new Older Online properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS"
and that Older Online assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer
and modem or other access device. Please be aware that Older
Online has created certain areas on the Service that contain
adult or mature content.
YOU MUST BE 18 YEARS OR
OLDER, AND OF LEGAL AGE IN YOUR COUNTRY/STATE/PROVINCE/LOCALE
OF RESIDENCE TO ACCESS ADULT CONTENT AS SUCH PROVIDED BY THIS
SITE.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Older Online
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Older Online has the
right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
Older Online is concerned about the safety and privacy of all
its users.
4. OLDER ONLINE PRIVACY POLICY
Registration Data and other information about you is subject
to our Privacy Policy. For more information, please read our
full Privacy Policy at:
http://www.olderonline.com/aboutus/privpolicy.asp
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
Older Online of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Sharing your user
name and password with anyone else, is a ground for immediate
cancellation of your Older Online account. Older Online cannot
and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
For your convenience, your membership will be renewed two
days (48 hours) before it expires using the same billing and
package information supplied during registration. You can choose
not to have automatic renewal by going to the account settings
page and disabling the auto-renewal option at any time.
The account settings page can be accessed from the "My Account"
page when you sign-on using your Older Online ID and password.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Older Online, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service.
Older Online does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, source, integrity
or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Older Online be
liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to NOT use the Service to:
- upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- harass or harm other members or visitors of the site
in any way;
- impersonate any person, member, visitor, or entity,
including, but not limited to, a Older Online official,
forum or chat leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
- forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, copyrighted material for which you do not own
the copyright, proprietary and confidential information
learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas that are
designated for such purpose;
- upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
- disrupt the normal flow of dialogue, cause a chat screen
to "scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges and
chat;
- interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass other members or visitors;
- download data from the web site using any automated
means, including spiders, robots, crawlers or the like;
- collect or store personal data about other users.
Any items listed above may result in termination of your
member account and/or visitor access to this site, partner sites,
and services. Paid member account refunds will not be
issued under any circumstance, if your account is terminated
due to a violation of this term of services agreement.
You acknowledge that Older Online may not pre-screen Content,
but that Older Online and its designees shall have the right
(but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service. Without
limiting the foregoing, Older Online and its designees shall
have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may
not rely on any Content created by Older Online or submitted
to Older Online, including without limitation information in
Older Online Message Boards, Older Online Clubs, and in all
other parts of the Service.
You acknowledge and agree that Older Online may preserve
Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property,
or personal safety of Older Online, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
8. PUBLIC CONTENT POSTED TO OLDER ONLINE
(a) For purposes of the TOS, "publicly accessible areas of
the Service" are those accessible by the general public. By
way of example, a publicly accessible area of the Service would
include public Older Online info pages and Older Online personals
but would not include private Older Online Message Boards or
private Older Online communication services such as Older Online's
eNote.
(b) With respect to Content you elect to post for inclusion
in publicly accessible areas of Older Online or that consists
of photos or other graphics you elect to post to any other publicly
accessible area of the Service, you grant Older Online the world-wide,
royalty free and non-exclusive license to reproduce, modify,
adapt and publish such Content on the Service solely for the
purpose of displaying, distributing and promoting the specific
Older Online area to which such Content was submitted, or, in
the case of photos or graphics, solely for the purpose for which
such photo or graphic was submitted to the Service. This license
exists only for as long as you elect to continue to include
such Content on the Service and shall be terminated at the time
you delete or request removal of such Content from the Service.
(c) With respect to all other Content you elect to post to
other publicly accessible areas of the Service, you grant Older
Online the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part)
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold Older Online, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any
rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Older Online may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message
board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that will
be allotted on Older Online's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree
that Older Online has no responsibility or liability for the
deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You
acknowledge that Older Online reserves the right to log off
accounts that are inactive for an extended period of time. You
further acknowledge that Older Online reserves the right to
change these general practices and limits at any time, in its
sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Older Online reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You
agree that Older Online shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that Older Online, in its sole discretion, may
terminate your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for
lack of use or if Older Online believes that you have violated
or acted inconsistently with the letter or spirit of the TOS.
Older Online may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Older Online
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. When Older Online terminates
your account for any reason, Older Online has the sole discretion
of offering a refund, if any, for unused part of the service.
Further, you agree that Older Online shall not be liable to
you or any third-party for any termination of your access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Older Online shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Older Online
has no control over such sites and resources, you acknowledge
and agree that Older Online 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.
You further acknowledge and agree that Older Online shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. OLDER ONLINE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by Older Online or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
Older Online grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its
Software; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means
other than through the interface that is provided by Older Online
for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OLDER
ONLINE 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 NON-INFRINGEMENT.
- OLDER ONLINE MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM OLDER ONLINE OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLDER ONLINE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF OLDER ONLINE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
21. TRADEMARK INFORMATION
Older Online, the Older Online logo, Older Online Chat, the
Older Online Forums, and other Older Online logos and product
and service names are trademarks of Max Density. (the "Older
Online Marks"). Without Older Online's prior permission, you
agree not to display or use in any manner, the Older Online
or Max Density Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
Older Online respects the intellectual property of others,
and we ask our members to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please refer to our Copyright Policy
for information on how to report copyright infringement.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Older
Online and govern your use of the Service, superceding any prior
agreements between you and Older Online. You also may be subject
to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software.
The TOS and the relationship between you and Older Online shall
be governed by the laws of the State of Maine without regard
to its conflict of law provisions. You and Older Online agree
to submit to the personal and exclusive jurisdiction of the
courts located within the county of Cumberland, Maine. The failure
of Older Online to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to
.
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