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| About GroupMembersOnly |
| GroupMembersOnly is an online service that allows groups, organizations and associations to create an online environment where they are able to invite their membership to network and communicate via various online methods. The members of GroupMembersOnly are allowed to create personal profiles of information that they would like to share with other group members. Groups are given the ability to link with other groups to allow further networking of their membership. Group members can view the profiles and communicate with other group members as well as members of linked groups. Group members can upload or create content on the site including photos, documents, and videos. Group members can also post information to blogs, discussion forums, jobs, emails and via other methods. Each group has one or more online Group Administrator (“Group Admin”). Group Admin are members of the groups they administer. The group admin is responsible for the day to day moderation and management of the group. Groups are allowed to invite new members, upload content, network, post jobs, communicate, collaborate with other groups, collect membership fee, collect donations, collect events and conventions fees, and collect other funds securely online. These and all other administration functions of groups are the sole responsibility of the group and its administrators and are not the responsibility of Group Members Only. |
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| All GroupMembersOnly members are allowed to post advertising on the site. Advertising rates are posted in the advertising module. Each ad is edited by GroupMembersOnly to ensure appropriateness of content. |
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| The service is operated by Group Members Only, Inc., ("GroupMembersOnly"). By using the GroupMembersOnly Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the GroupMembersOnly services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. |
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| This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. GroupMembersOnly may modify this Agreement from time to time and such modification shall be effective upon posting by GroupMembersOnly on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes GroupMembersOnly's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and GroupMembersOnly's Privacy Policy. You may also receive a copy of this Agreement by emailing us at: privacy@GroupMembersOnly.com, Subject: Terms of Use Agreement. |
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| Please choose carefully the information you post on GroupMembersOnly and that you provide to other Members. Photographs and videos posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other GroupMembersOnly Members (for instance, in their Profile or in some groups) may contain inaccurate, inappropriate or offensive material, products or services and GroupMembersOnly assumes no responsibility or liability for this material. |
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| GroupMembersOnly reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. |
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By participating in any offline event, you agree to release and hold GroupMembersOnly harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such event.
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| Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the GroupMembersOnly site shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. |
| Group Creation/Administration. GroupMembersOnly allows its members the ability to join or create groups on the site. By creating a group you become responsible for the membership, moderation, content posting and management, group linking, networking, job posting, financial transactions and all other services available to the group and the Group Administrator. In cases where there are disputes between Members and their group, refund issues, content issues or other group related issues you are fully responsible. Violation of the terms of these conditions, especially where illegal activities are involved, may cause the blocking or deletion of your membership, your members, or your group from the site by the GroupMembersOnly customer support team. |
| Membership Termination. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Home Page, Account Setting page. You may also terminate your membership from any group from the Group Home Page, Cancel Membership button. GroupMembersOnly also reserves the right to block or terminate your membership from the site or any group that you are a member of. The Site Admin may also block your membership from the group he/she is responsible for. |
| Membership Fees, Event Fees, Donations. GroupMembersOnly allows groups the ability to collect Membership Fees, Event Fees, and Donation online via the site. This is an optional capability available to each group. A Paypal Merchant Account is required by each group in order to process these funds. This Paypal Merchant account allows the receipt of payment from Members credit card, debit card, or Paypal account. All transactions are directly deposited to the group’s paypal account. GroupMembersOnly does not collect these funds. Groups are responsible for all payments collected and deposited to their paypal account. |
| Transaction Processing Fees. Groups can optionally process financial transactions on the site. These transactions include membership fees, event fees, and donations. GroupMembersOnly charge groups a transaction processing fee of 5.5% for all financial transactions processed on the site. Groups are invoiced on a weekly basis by GroupMembersOnly for all financial transactions processed during the prior week. All invoices are immediately due. Payments not made by your group within 14 days of invoice will allow your group to be blocked automatically. Blocked groups are not accessible by its membership. Groups are unblocked once payment is made. Invoices are reported and processed from the Group Admin’s Member Home Page. |
| Acknowledgement of Termination and Fees. By using the Service and by becoming a Member, you acknowledge that groups reserve the right to charge fees and funds posted by the group. You also acknowledge that GroupMembersOnly reserve the right to charge and collect fees from groups that receive funds and fees transacted on the site. You also acknowledge that GroupMembersOnly is not responsible for any fees or funds collected on this site by any group. You also acknowledge that GroupMembersOnly has the right to terminate a Member's Membership and terminate Groups should there be a breach of this Agreement or failure to pay for the Service, as required by this Agreement. |
| Proprietary Rights in Content on GroupMembersOnly. GroupMembersOnly owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of GroupMembersOnly and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. |
| Content Posted on the Site. You understand and agree to the following: |
| That GroupMembersOnly may review and delete any content, messages, text, files, images, GroupMembersOnly Messenger messages, photos, videos, sounds, profiles, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of GroupMembersOnly violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. |
| You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. |
| By posting any Content to the Website, you hereby grant to GroupMembersOnly the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Website. |
| The following is a partial list of the kind of Content that is illegal or prohibited on the Website. GroupMembersOnly reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; |
| You must use the Service in a manner consistent with any and all applicable laws and regulations. |
| You may not cover or obscure the banner advertisements on your personal profile page, or any GroupMembersOnly page via HTML/CSS or any other means. |
| Any automated use of the system, such as using scripts to add friends or others, is prohibited. |
| You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. |
| You may not sell or otherwise transfer your profile. |
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| Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of GroupMembersOnly to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to GroupMembersOnly by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. |
| Digital Millennium Copyright Act. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. |
| Member Disputes. You are responsible for your interactions with other GroupMembersOnly Members. Group Admins are also responsible for disputes between members of his/her group. GroupMembersOnly reserves the right, but has no obligation, to monitor disputes between you and other Members. |
| Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. |
| Disclaimers. GroupMembersOnly is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. GroupMembersOnly is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. GroupMembersOnly assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. GroupMembersOnly is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall GroupMembersOnly be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and GroupMembersOnly expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GroupMembersOnly cannot guarantee and does not promise any specific results from use of the Website and/or the Service. |
| Limitation on Liability. IN NO EVENT SHALL GROUPMEMBERSONLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF GROUPMEMBERSONLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GROUPMEMBERSONLY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID BY YOU TO GROUPMEMBERSONLY, IF ANY, FOR THE SERVICES PROVIDED TO YOU BY GROUPMEMBERSONLY DURING THE TERM OF YOUR MEMBERSHIP. GROUPMEMBERSONLY IS NOT LIABLE FOR ANY FUNDS PAID TO OR RECEIVED BY ANY GROUPS OR ORGANIZATION ON THE WEBSITE. |
| U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. |
| Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Nevada without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Nevada, City of Reno. |
| Disputes between Member and Group should be resolved by the Group Admin of that group at all possible occasion. Group Admin can be contacted from the Group Home Page. |
| Indemnity. You agree to indemnify and hold GroupMembersOnly, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. |
| Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and GroupMembersOnly regarding the use of the Website and/or the Service. The failure of GroupMembersOnly to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. GroupMembersOnly is a trademark of Group Members Only, Inc.. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
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