USER AGREEMENT FOR IwantU Select Clubs
THIS AGREEMENT WAS LAST UPDATED ON June 16, 2000
Please read the following User Agreement. When you sign up for
any service within IwantU.comTM, all of which are hereinafter
referred to collectively as the "Service", you agree
to all of the terms and conditions of this Agreement. Please
read the following terms and conditions carefully, as they form
the agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED
TO REGISTER. BY USING THE SERVICE AFTER June 16, 2000 YOU ARE
AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL
AMENDMENTS MADE TO DATE.
TERMS AND CONDITIONS OF THE SERVICE
User Agreement
This Agreement constitutes your agreement with Mana Internet
Solutions ("MANA") with respect to your use of the
Service. You must agree to abide by all of the terms and
conditions contained in this Agreement in order to become or
remain an authorized user of the Service. As used in this
Agreement, "we" and "us" means MANA, or any
successor or assign of MANA.
Service Agreement
Right to Use.
Your right to use the Service is subject to any limitations,
conditions and restrictions established by us from time to time,
in our sole discretion. We may alter, suspend or discontinue any
aspect of the Service at any time, including the availability of
any Service feature, database or content. We may also impose
limits on certain features and aspects of the Service or
restrict your access to parts or all of the Service without
notice or liability.
Adult.
You represent, warrant and covenant that you are at least 18
years old. This Service is addresses to adults only. By using
the Service you agree that you are 18 years of age and older.
Failure to comply with this Agreement may result in legal
actions.
Code of Conduct.
You agree to use the Service in accordance with the following
Code of Conduct:
a) You are solely responsible for any information that you
display when using the Service or to other members. You will
keep all information provided to you through the Service as
private and confidential and will not give such information to
anyone without the permission of the person who provided it to
you;
b) You will not use the Service to engage in any form of
harassment or offensive behavior, including but not limited to
the posting of communications, pictures or recordings, which
contain libellous, slanderous, abusive or defamatory statements,
or racist, pornographic, obscene, or offensive language;
c) You will not forward chain letters through the Service;
d) You will not use the Service to infringe the privacy rights,
property rights, or other civil rights of any person;
e) You will not post messages, pictures or recordings or use the
Service in any way which
i. violates, plagiarizes or infringes upon the rights of any
third party, including but not limited to any copyright or
trademark law, privacy or other personal or proprietary rights,
or
ii. is fraudulent or otherwise unlawful or violates any law; and
if you will not use the Service to distribute, promote or
otherwise publish any material containing any solicitation for
funds, advertising or solicitation for goods or services.
f) Your use of the Service is for your own personal use. You may
not authorize others to use the Service and you may not transfer
accounts with other users.
g) You will not use the Service to distribute, promote or
otherwise publish any material containing any solicitation for
funds, advertising or solicitation for goods or services.
h) You are aware that the Service may contain explicit adult
oriented materials provided by consenting users.
Privacy and Use of Information.
You acknowledge that
(a) We cannot ensure the security or privacy of information you
provide through the Internet and your email messages, and you
release us from any and all liability in connection with the use
of such information by other parties;
(b) We are not responsible for, and cannot control, the use by
others of any information which you provide to them and you
should use caution in selecting the personal information you
provide to others through the Service; and
(c) We cannot assume any responsibility for the content of
messages sent by other users of the Service, and you release us
from any and all liability in connection with the contents of
any communications you may receive from other users.
(d) You acknowledge that you can not sue IwantU or any of its
employees for any damages done to you through the site.
We cannot guarantee, and assume no responsibility for verifying,
the accuracy of the information provided by other users of the
Service.
You may not use the Service for any unlawful purpose. We may
refuse to grant you a user name that impersonates someone else,
is protected by trademark or proprietary law, or is vulgar or
otherwise offensive, as determined by us in our sole discretion.
Monitoring of Information.
We reserve the right to monitor all advertisements, public
postings and messages to ensure that they conform to the content
guidelines, which may be applicable from time to time. We also
reserve the right to monitor all messages and chats that take
place through the site.
We are not solely responsible for any offensive or obscene
materials that may be transmitted or posted by other users
(including unauthorized users as well as the possibility of
"hackers"). We are also not responsible for the use of
any personal information that the user may choose to post on the
Service.
Removal of Information.
While we do not and cannot review every message or other
material posted or sent by users of the Service, and are not
responsible for any content of these messages or materials, we
reserve the right, but are not obligated, to delete, move, or
edit messages or materials, including without limitation
advertisements, public postings and messages, that we, in our
sole discretion, deem to violate the Code of Conduct set out
above or any applicable content guidelines, or to be otherwise
unacceptable. You shall remain solely responsible for the
content of advertisements, public postings, messages and other
materials you may upload to the Service or users of the Service.
Termination of Access to Service.
We may, in our sole discretion, terminate or suspend your access
to all or part of the Service at any time, with or without
notice, for any reason, including, without limitation, breach of
this Agreement. Without limiting the generality of the
foregoing, any fraudulent, abusive, or otherwise illegal
activity may be grounds for termination of your access to all or
part of the Service at our sole discretion, and you may be
referred to appropriate law enforcement agencies.
Online Cancellation
You agree that cancellation can only be done online by yourself
through the TOKENS button in IwantU's menu bar.
Our customer support representatives will not and cannot cancel
your VIP pass for you.
Any request for cancellation will be met with written support as
fast as possible instructing you how to cancel your membership
yourself.
All holders of VIP passes, including and exceeding one month,
are advised to cancel their VIP pass 48 hours before their
renewal date to allow time for processing due to time
differences.
All holders of the promotional $4.95 + 1000 Tokens one week VIP
pass are advised to cancel their VIP passes 24 hours before
their renewal dates to ensure cancellation processing.
You acknowledge and understand that all memberships purchased
online are automatically renewed every month.
You agree and henceforth accept any automatic rebill of your VIP
pass when using an online payment method.
You accept that when you cancel your membership with The Service
you are automatically locked out of the site and your access is
immediately terminated. You also agree and accept the complete
and final loss of your profile, all accumulated tokens, mail and
any other membership information that you should have. This
information cannot be reclaimed or transferred to any third
party.
You acknowledge that this is a non-refundable pass if you cancel
ON or AFTER the renewal date.
Proprietary Information.
The Service contains information, which is proprietary to us and
to our users. We assert full copyright protection in the
service. Information posted by us or other users of the Service
may be protected whether or not it is identified as proprietary
to us or to them. You agree not to modify, copy or distribute
any such information in any manner whatsoever without having
first received the express permission of the owner of such
information.
No responsibility.
We are not responsible for any incidental, consequential,
special, punitive, exemplary, direct or indirect damages of any
kind whatsoever, which may arise out of or relate to your use of
the Service, including but not limited to lost revenues,
profits, business or data, or damages resulting from any
viruses, worms, "Trojan horses" or other destructive
software or materials, or communications by you or other users
of the Service, or any interruption or suspension of the
Service, regardless of the cause of the interruption or
suspension. Any claim against us shall be limited to the amount
you paid, if any, for use of the Service during the previous 12
months. We may discontinue or change the Service or its
availability to you at any time, and you may stop using the
Service at any time.
Security.
Your account is private and should not be used by anyone else.
You are responsible for all usage or activity on the Service by
users using your password, including but not limited to use of
your password by any third party.
Other Links.
The Service may from time to time contain links to other World
Wide Web Internet sites and resources ("External
Links"). We are not responsible for, and have no liability
as a result of, the availability of External Links or their
contents.
Tokens.
Tokens are a form of money used to access certain features and
Services. The user of the Service may use the Tokens in their
account to send messages to other users of the Service, play
games, etc. When the user sends a message every character is
considered to be equal to 1 Token or if they add a member to
their hotlist, it uses 100 tokens to which you can then send
that member unlimited tokens. Therefore the longer the message
the more Tokens the user uses up. Tokens are non transferable
and non-refundable.
Indemnity.
You agree to indemnify us, our officers, directors, employees
and agents, from any loss or damages, including without
limitation reasonable legal fees, which we may suffer from your
activities on or use of the Service, including without
limitation any breach by you of this Agreement or any charges or
complaints made by other parties against you. You shall
cooperate as fully as reasonably required in the defence of any
claim. We reserve the right to assume the exclusive defence and
control of any matter otherwise subject to indemnification by
you; provided, however, that you shall remain liable for any
such claim.
No Warranties.
The Service is distributed on an "as is" basis. We do
not warrant that this Service will be uninterrupted or
error-free. There may be delays, omissions, and interruptions in
the availability of the Service. Where permitted by law, you
acknowledge that the Service is provided without any warranties
of any kind whatsoever, either express or implied, including but
not limited to the implied warranties of merchantability and
fitness for a particular purpose. You acknowledge that use of
the Service is at your own risk. We do not represent or endorse
the accuracy or reliability of any advice, opinion, statement or
other information displayed, uploaded or distributed through the
Service by MANA or any user of the Service or any other person
or entity. You acknowledge that any reliance upon any such
opinion, advice, statement or information shall be at your sole
risk.
Advice Columnists.
The service may from time to time include messages from advice
columnists who respond to "relationship" questions.
Any statements made by advice columnists are provided for
entertainment purposes only, and are not intended, and should
not be taken, as specific advice in any particular circumstance.
Such statements do not constitute counselling of any kind. Users
with personal problems or who may be seeking personal advice
applicable to their personal situation, are urged to consult
with a qualified counsellor with respect to such issues.
Modifications.
We may modify this Agreement from time to time. Notification of
changes in this Agreement will be posted on the Service or sent
via electronic mail, as we may determine in our sole discretion.
If you do not agree to any modifications, you should terminate
your use of the Service. Your continued use of the Service now,
or following the posting of notice of any changes in this
Agreement, will constitute a binding acceptance by you of this
Agreement, or any subsequent modifications.
Disclosure and Other Communication.
We reserve the right to send electronic mail to you, for the
purpose of informing you of changes or additions to the Service,
or of any MANA related products and services. We reserve the
right to disclose information about your usage of the Service
and Demographics in forms that do not reveal your personal
identity.
Governing Law.
This Agreement is entered into in Quebec, Canada. You agree that
it will be governed by the laws of the Province of Quebec and
any disputes arising out of this Agreement will be subject to
the courts of the Province of Quebec and the federal courts
applicable within the Province. If any provision in this
Agreement is invalid or unenforceable under applicable law, the
remaining provisions will continue in full force and effect.
This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods.
Complaints.
To resolve or report a complaint regarding the Service or
members who use the Service users should contact
support@iwantu.com. Immediate actions will take place in order
to help solve the problem.
Membership Categories.
Users of the Service may become "Visitors", "Free
Members" or "VIP Members" of the Service.
Visitors are allowed access to a minimal level of the Service's
features and are not charged by us for the use of the features
they can access. Free Members are allowed to access more
features of the Service than are Visitors, but are not allowed
access to all of the features that VIP Members are allowed to
access. Free Members are not charged by us for the features they
can access. VIP Members are provided with access to additional
features of the Service that are not available to Visitors or
Free Members. VIP Members are not charged by us for the features
that are free to Free Members. Free membership is valid for 1
week. Certain additional features of the Service made available
to VIP Members are also free of charge. Certain other features
of the Service are "paid features", for which a VIP
Member is charged.
Fees and Payments.
A)
VIP Members of the Service are required to purchase
"Credits" or "Tokens" in order to use the
"paid features" of the Service. Each Full Member is
credited with the number of Credits or Tokens purchased. Each of
the "paid features" of the Service costs one or more
Credits or Tokens to use. Each time a Full Member uses a
"Paid feature" of the Service, his account of Credits
or Tokens is debited by the number of Credits or Tokens charged
to use that "paid feature".
B)
VIP passes can be purchased by credit card, electronic check,
1-900 number or by mail. When a VIP pass is purchased it is
accompanied by a pre-defined number of Tokens or Credits. Tokens
or Credits cannot be purchased without a VIP pass and are
non-redeemable for monetary value nor are they applicable
towards future VIP passes. Tokens are carried over from one
month to another but once an account is cancelled the tokens are
removed.
Should a VIP member wish to change their method of payment, and
their method of payment is either by credit card or electronic
check, they must cancel their membership by clicking on the
TOKENS button.
NOTE that by cancelling all accumulated Tokens are lost.
VIP pass pricing is posted on the TOKENS page in accordance to
the pricing policy of The Service. In addition to paying the
published price for a VIP pass with inclusive tokens or credits,
the purchaser is responsible for paying all applicable taxes in
connection with the purchase of a VIP pass. You acknowledge and
accept that any VIP pass bought is to be paid in U.S funds. In
addition to paying the published price for Credits or Tokens,
the purchaser is responsible for paying all applicable taxes in
connection with the purchase of the Credits or Tokens. We
reserve the right to change our pricing policy at any time at
our sole discretion. We also reserve the right to change the
method or manner in which we charge members for Credits or
Tokens, or the method of payment, which is acceptable to us, at
our sole discretion.
C)
Once The Service has received your payment, you will be credited
with VIP access for the paid amount of time as well as the
pre-defined number of Tokens or Credits. Credits or Tokens will
be automatically deducted from your account as you use
"paid features" of the Service. VIP members are
capable of checking the number of Tokens or Credits they have
left in their account at any time online by clicking on the
TOKENS button located in the menu bar. A VIP Member whose
account of Credits or Tokens is reduced to zero remains a VIP
Member, but cannot access "paid features" until
additional Credits or Tokens are purchased.
D)
The purchase of Credits or Tokens is non-refundable. Any unused
Credits or Tokens will remain credited to your account but will
not be refunded if unused, even if you are no longer using the
Service. Credits or Tokens will only be credited to the account
of the VIP Member purchasing the Credits or Tokens, and to no
one else. Credits or Tokens may not be transferred from one
member of the Service to another member. The cost of Credits or
Tokens purchased by a VIP Member is not refundable under any
circumstance.
E)
You agree to pay or have paid all fees and charges incurred in
connection with your membership with the Service (including any
applicable taxes) at the rates in effect when the charges were
incurred. All fees and charges are non-refundable. We may change
the fees and charges in effect for using the Service, or add new
fees or charges, by giving you notice in advance. You also are
responsible for any fees or charges incurred to access the
Service through an Internet access provider or other third party
service, including but not limited to telephone charges. YOU,
AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO
YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY
YOU.
F)
Any system error in processing your account is YOUR
responsibility to inform the Administration immediately after
you receive it. To contact the Administration you need to e-mail
support@iwantu.com As a member if you fail to inform the
Administration you will be charged for the purchased pass.
Assignment.
You do not have the right to assign this Agreement or any of
your rights to the Service to anyone. MANA has the right to
assign any or all of its rights and duties under this Agreement
or to the Service to any third party. At the election of MANA,
if MANA's obligations hereunder are assumed by a third party,
MANA shall be relieved of any and all liability under this
Agreement. Once you join you confirm that you agree with ALL of
IwantU's Terms and Conditions listed.
IwantU.comTM service copyright 1998 Mana Internet Solutions Inc.
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