THESE TERMS OF SERVICE (THE "AGREEMENT") ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND PATH2USA.COM INC. ("VISITORSCONNECT", "WE" OR "OUR") CONCERNING YOUR USE OF THE VISITORSCONNECT WEBSITE AND ASSOCIATED SERVICES (COLLECTIVELY THE "SERVICE"). BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR OTHERWISE ACCESSING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
The Service is a privately owned interactive platform intended to provide an online community in which short-term visitors to the United States can overcome boredom by finding, connecting with and meeting other people who share a similar background and culture. The Service is provided for your personal, noncommercial use and the personal, noncommercial use of other users of the Service ("Users").
You and other users of the Service can access the content provided by VisitorsConnect ("VisitorsConnect Content") and content provided by others ("Third Party Content"). Users can contribute their own content as enabled by the Service. You may have access to content that you and other Users supply (collectively "User-Supplied Content"). VisitorsConnect Content, Third Party Content and User-Supplied Content that you do not supply are collectively "Service Content".
VisitorsConnect and its licensees may publicly display advertisements and other information adjacent to or included with Service Content and your User-Supplied Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You must be at least 18 years of age or the age of majority in your jurisdiction, if older, to visit or use the Service in any manner. By accessing the Service or accepting this Agreement, you represent and warrant to VisitorsConnect that you are either 18 years of age or the age of majority in your jurisdiction, if older, and that you have the right, authority and capacity to agree to and abide by this Agreement.
Subject to all of the terms and conditions of this Agreement, VisitorsConnect hereby grants you a personal, limited, non-exclusive, non-transferable and revocable right to view Service Content on your compatible computer or device solely for your own non-commercial use in connection with the Service and solely as authorized by VisitorsConnect in connection with the Service. VisitorsConnect reserves the right to revoke this limited license at any time in its entirety or with respect to any Service Content, for any reason, and at VisitorsConnect's sole discretion.
The Service Content is the property of VisitorsConnect, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Service Content are the property of either VisitorsConnect or third-party content owners and copyright holders and is protected by applicable copyright and other law. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of their respective owners. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Service Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, make derivative works of, perform or publicly display any Content.
You hereby grant VisitorsConnect the perpetual, irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable right to use, reproduce, display, modify, transmit, distribute, perform, display and delete your User-Supplied Content (in whole or in part) worldwide and/or to incorporate such User-Supplied Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any User-Supplied Content is a public, not a private, communication, and VisitorsConnect has no confidentiality obligations with respect to any User-Supplied Content.
User comments with respect to Service Content, other Users' User-Supplied Content and any other User interactions with other Users or VisitorsConnect personnel, which interactions are visible within the Service, are treated as User-Supplied Content under the this Agreement and must comply with this Code of Conduct and other rules for User-Supplied Content set forth herein. Further, your User-Supplied Content must be respectful of others and of the Service community. If VisitorsConnect promulgates a separate formal policy concerning User-Supplied Content, your User-Supplied Content must also comply with that policy. In addition to any other rights or remedies VisitorsConnect may have under this Agreement, VisitorsConnect may, in its discretion, move, remove or edit User-Supplied Content, and suspend or ban Users, all as VisitorsConnect sees fit to promote a healthy community.
You will not, and will not attempt to: (a) make any elements of the Service available to, or use the Service for the benefit of, anyone other than yourself; (b) make any unsolicited communication regarding promotions and/or advertising of products or services to any other User or otherwise use any elements of the Service for any commercial purpose; (c) sell, rent, lease or otherwise assign to any third party any rights to any Service Content or User-Supplied Content (other than yours); (d) remove any proprietary notices or labels on any Service Content or User-Supplied Content (other than yours); (e) delete or alter any Service Content or User-Supplied Content posted by any other User; (f) use any elements of the Service to invade the privacy of, or obtain personal information about, any User, or to obtain a list of Users; (g) use any elements of the Service to violate any law or any right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (h) except as specifically permitted by our "robots.txt" files, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation, spiders, robots, crawlers, scrapers or RSS feeds) to access, navigate or search the Service other than the search engine and search agents available from us or generally available third party web browsers (e.g., Google Chrome, Safari, Mozilla Firefox, Microsoft Internet Explorer); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; (j) aggregate, copy or duplicate, summarize or restate in any manner any of the Service Content; (k) link to any Service Content or information available from the Service except using the hyperlink provided by VisitorsConnect for such Service Content, and then only as a direct link, without framing or hotlinking; (l) bypass, disable, or interfere in any way with any element of the Service controlling access to, or controlling the rights in, certain portions of the Service or Service Content, including, but not limited to, attempting to obtain passwords or other private information from other Users or attempting to deceive VisitorsConnect or other Users as to your identity or the source of any data transmitted by you or others; (m) distribute any software viruses or other computer code designed to interfere with or access without express permission the Service, any computer systems, software or hardware, or any data on or in any of the above; or (n) otherwise engage in activities (including but not limited to automated or scripted downloading or uploading of content or access to web pages) that may impair or interfere with the integrity, functionality, performance, usefulness, usability, or quality of all or any part of the Service.
You will not contribute any User-Supplied Content that: (a) may be reasonably interpreted as a solicitation, advertisement or promotion of any kind; (b) contains any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the themes of the Service; (c) engages in, endorses or promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; (d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contains otherwise restricted or password only access pages, or hidden pages or images; (f) displays or links to pornographic, indecent or sexually explicit material of any kind; (g) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; (h) provides or links to instructional information about illegal or harmful activities or activities that violate the rights of any other party, including without limitation, intellectual property infringement or misappropriation.
VisitorsConnect may, in its sole discretion, block, suspend or terminate your access to the Service and delete your Account if you violate any part of the Code of Conduct. In addition to the above, you acknowledge and agree that VisitorsConnect may access, review, store, reproduce and/or disclose, as applicable, any User-Supplied Content if required to do so, or if VisitorsConnect has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that such User-Supplied Content (or your use of the same) violates any third party's rights, or to protect the rights, property or personal safety of VisitorsConnect, its business partners, affiliates, licensors and/or licensees, any other User, or the general public.
You agree and understand that this Agreement and the Service may be modified by VisitorsConnect at any time.
If you have created an Account with us, we will attempt to inform you of any modifications to this Agreement or the Service that affect your rights or obligations. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Service, and / or by such other means as we deem reasonably likely to reach you. If you do not agree with any such modifications, your sole remedy is the termination of your Account, which you may request by sending an email using the contact form at http://www.visitorsconnect.com/home/contact_us. Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified terms of the Agreement.
If you have not registered and do not have an Account, any modifications to this Agreement or the Service will be effective as to you upon VisitorsConnect's posting of the new terms and/or upon implementation of the new changes on the Site or to the Service. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified terms of the Agreement.
Unless expressly stated otherwise by VisitorsConnect, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to this Agreement.
VisitorsConnect may provide you with any notices under this Agreement by means of a posting on the Service, by e-mail, or by sending a message to you through the Service.
Unauthorized copying or distribution of any Service Content is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances (which circumstances may include, by way of example, Users who repeatedly infringe others' copyrights), VisitorsConnect may terminate the Account associated with the infringement upon the copyright or other intellectual property rights of others. If you are a copyright holder who believes that the Service is hosting or linking directly to infringing copies of your work, please let us know, and if you believe that one of our Users is a repeat infringer of your work, please let us know that in addition to the information required below. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Service is:
Attn: Copyright Agent
2350 Mission College Blvd. , Suite 1140
Santa Clara CA 95054
United States of America
Phone: [Phone #]
Fax: [Fax #]
Email: [Copyright Email Address]
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
C. Information related to the work(s) reasonably sufficient for VisitorsConnect to promptly locate the work (e.g. title of work, location within the Service, etc.);
D. Information reasonably sufficient to permit VisitorsConnect to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
E. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
F. A statement requesting that VisitorsConnect take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to abide by U.S and other applicable export control laws and not to transfer, by electronic transmission, the Service, or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
VisitorsConnect may, without liability or obligation, in its sole discretion and at any time: (i) make modifications to, or discontinue, the Service, which may include changing a freely available element of the Service to a paid element, and vice versa, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement); and/or (ii) require you to use a modified version of the Service in order to have continued access to the Service. The modifications may result in certain elements of the Service being unavailable, or incompatible with certain devices.
You agree that neither VisitorsConnect nor the VisitorsConnect Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You understand and agree that any unauthorized use of the Service would result in irreparable injury to VisitorsConnect and/or the VisitorsConnect Affiliates for which money damages would be inadequate, and in such event VisitorsConnect and the VisitorsConnect Affiliates shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that VisitorsConnect and the VisitorsConnect Affiliates may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with VisitorsConnect. You can cancel your Account by delivering notice to VisitorsConnect using the contact form at http://www.visitorsconnect.com/home/contact_us.
You agree to indemnify and hold harmless VisitorsConnect, the VisitorsConnect Affiliates, and each of their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against all claims, actions, demands, causes of action, and other proceedings, and all losses, expenses, fees, fines, damages and costs, including reasonable attorneys' fees and court costs, arising out of or relating to your breach of this Agreement or improper use of the Service or any Service Content or other information provided in connection with the Service, or any dispute you may have with any third party. VisitorsConnect reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with VisitorsConnect in asserting any available defenses.
If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that VisitorsConnect is under no obligation to become involved. In the event that you have a dispute with one or more users of the Service or any third party (such as an advertiser), you hereby release VisitorsConnect, its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
VisitorsConnect may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or VisitorsConnect reasonably suspects that you have breached) any provision of this Agreement. VisitorsConnect shall have no liability or responsibility to you if VisitorsConnect terminates this Agreement or suspends your Account under this paragraph.
You may terminate your use of the Service at any time by contacting us using the contact form at http://www.visitorsconnect.com/home/contact_us.
Upon termination of this Agreement for any reason, all of your rights to use the Service immediately terminate.
VisitorsConnect controls only its own content located at http://visitorsconnect.com and any other web site that VisitorsConnect represents it controls, as stated on such other web site. VisitorsConnect does not control or endorse any other web site to which VisitorsConnect may link or on which elements of the Service may appear, or any services or products offered by third parties through the Service or the VisitorsConnect content. VisitorsConnect does not provide or make any representation or warranty as to such third party sites, nor as to the quality or nature of any of the third party products or services purchased through the Service. Any such undertaking, representation, warranty or guarantee would be furnished solely by the proprietor of the applicable web site or the provider of the relevant product, under the terms agreed to by that third party.
VisitorsConnect has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in VisitorsConnect's sole discretion. VisitorsConnect has no liability or responsibility to you for performance or nonperformance of such activities. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service is your sole risk and responsibility. By using the Service, you may be exposed to content that you find offensive or rely upon to your detriment. You take sole responsibility for such exposure and reliance.
You understand and agree that your use of the Service is at your own sole risk. VisitorsConnect is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Service. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of the Service and any Service Content or other information provided in connection with the Service rests with you. Under no circumstances does any information you may encounter through the Service represent a recommendation or endorsement by VisitorsConnect. THE SERVICE AND ALL SERVICE CONTENT THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTY BY VISITORSCONNECT AND THE VISITORSCONNECT AFFILIATES, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, VISITORSCONNECT AND THE VISITORSCONNECT AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO VISITORSCONNECT AND/OR THE VISITORSCONNECT AFFILIATES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VISITORSCONNECT AND/OR THE VISITORSCONNECT AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF VISITORSCONNECT AND/OR THE VISITORSCONNECT AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, in no event shall VisitorsConnect's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of US $100.00 or the amount you have paid to VisitorsConnect for accessing the Service.
All materials supplied by or through the Service are provided with "RESTRICTED RIGHTS." use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of VisitorsConnect's and its licensors' proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
This Agreement and any other terms or documents referred to herein represent your entire agreement with VisitorsConnect with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. A party's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts located in Santa Clara County, California in connection with any such dispute including any claim involving VisitorsConnect or the VisitorsConnect Affiliates. Capitalized terms shall have the meaning set forth in this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. However, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.