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3. Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from TANDEM® International. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and TANDEM® International does not grant you any express or implied rights to access or use the Site for any other purpose.
To become a TANDEMcity member, you need to register with TANDEMcity. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and keep it true, accurate, current and complete. TANDEM® International has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or incomplete, and if it suspects that abuse or misuse of the TANDEMcity feature is being carried out.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify TANDEMcity of any unauthorized use of your password or username or any other breach of security.
You acknowledge that TANDEM® International may establish general practices and limits concerning use of TANDEMcity, including without limitation the maximum number of days that private messages or other uploaded content will be retained by TANDEMcity, the maximum number of messages or other content that may be sent from or received by an account on TANDEMcity, the maximum disk space that will be allocated on TANDEMcity servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access TANDEMcity in a given period of time. You agree that TANDEM® International has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by TANDEMcity. You acknowledge that TANDEM® International reserves the right to log off accounts that are inactive for an extended period of time.
7. User Content and Communications
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that is copyrighted, unless you are the copyright owner; infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; reveals a trade secret, unless you own it; is obscene, libellous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by TANDEM® International in its sole discretion; is illegal or otherwise objectionable; constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
By using this site, you understand and agree that TANDEM® International may at any time monitor and/or review the site. Reviewing the site includes, and is not limited to editing / revising / removing / modifying (in whole or part), introductory text, location text, first and last name, and monitoring includes and is not limited to use, or disclosing any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that TANDEM® International may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of TANDEM® International or any third party.
8. General Prohibited Uses
Without limiting the foregoing, you agree not to: delete or revise any material or other information of any other user or TANDEMcity members; collect information about others, including e-mail addresses, without their consent; take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from TANDEMcity on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site; solicit TANDEMcity members and guests to join outside sites or online services or organizations; or disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation: accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or attempting to interfere with service to any user, host, or network.
9. Third-Party Content and Links to Third-Party Web Sites
The Site may contain third-party owned content and links to other websites (“Linked Sites”). TANDEM® International does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of TANDEM® International, and TANDEM® International is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites.
10. Acceptance of Terms
This Agreement is an electronic contract that governs your use of and access to the Site. By checking the box indicating you accept these terms, you create an electronic signature that has the same legal force and effect as a handwritten signature.
11. Limitation of Liability
In no event will TANDEM® International or any party involved in creating or delivering the site be liable for any direct, incidental, indirect, or punitive damages arising out of your access, use, misuse, or inability to use the site or any linked sites, or in connection with any failure of performance, error, omission, interruption, defect, delay, computer virus, or line or system failure.
TANDEM® International reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.
19. No Waiver
The failure of TANDEM® International to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
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