This is a copy of the TERMS OF SERVICE (TOS):
MEMBER AGREEMENT current as of the creation of your client and provided
for
reference only. The valid TERMS OF
SERVICE (TOS): MEMBER AGREEMENT can be found at http://www.there.com/.
TERMS OF SERVICE (TOS): MEMBER AGREEMENT
1. ACCEPTANCE OF TERMS
PLEASE READ THIS MEMBER AGREEMENT
("AGREEMENT" or “Member Agreement”) CAREFULLY BEFORE USING THE
SERVICES. YOU AGREE TO BECOME BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT,
YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. ACCEPTANCE
BY THERE, INC. (“COMPANY” or
“There”) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF
THESE
TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY ACCEPTANCE IS
EXPRESSLY
LIMITED TO THESE TERMS.
This Agreement is a legal document that
details
your rights and obligations as a Company member entitled to a member
account
and to access and use certain of Company's services ("Services").
You cannot become a member until you have accepted the terms of
this
Agreement. The Agreement provides very important information
about your
membership and the Services, so you should take the time to read and
understand
it. If you have questions about this Agreement, or about your
rights and
responsibilities as a member, please contact us at help@there.com.
You
should also take the time to review the Company Privacy Policy that
reflects
Company’s current privacy policies and Behavior Guidelines. The
Internet
and online world is changing rapidly and as technology and Company’s
business
continue to evolve, these policies may have to be updated or revised.
Since
the Privacy Policy and Behavior Guidelines may change, you should check
for the
most current version at http://www.there.com/.
For the same reasons, it may be necessary for
Company to update or revise certain provisions
of this Agreement. By accepting this Agreement and becoming a
member you
agree that Company may change the terms of this Member Agreement. If Company makes material changes or
revisions to this Agreement, Company will provide notice to you, via
the e-mail
address you provided upon registration, fifteen days in advance of the
changes
taking effect. Your continued use of Services after notification
of
changes means that you accept the changes. If you do not want to accept
the
changes proposed by Company or to any of the terms in this Agreement,
your only
remedy is to cancel your membership and cease using all Services.
2.
DESCRIPTION OF SERVICES
This Agreement is your entire agreement with
Company and governs your use of the Services. There may be additional
terms and
conditions if you use affiliate services, other Company services or
products,
or third-party software and/or services. To be a member, and receive
Services
you must be at least 18 years old. If you are not 18 years old
but you
are at least 13 years old, you may still receive Services, but only if
your
account was created and registered by your parent or guardian.
Further,
you may only become a member if you live in a country or other
political
division that permits membership, and if
Upon completing the registration process, you
will receive a password and account that is uniquely associated with
your
membership. All of your access to Services will be through that
account, except
as otherwise set forth in this Agreement. The Services may include
access to
Company's online environment ("There Environment"). In the There
Environment, you will be able to interact with other members and online
constructs that may include people, objects, or sub-environments
("There
Objects"); your interactions with There Objects will be through a There
Object that you create (an "Avatar") and will be governed by the
Behavior Guidelines of the There Environment.
You agree to comply with the limits set on
your
account by your type of membership. You further agree to comply with
all the
Behavior Guidelines for creation and use of Avatars, There Objects and
the
There Environment. Failure to comply with these Behavior Guidelines
will result
in termination of your accounts and membership. There Objects will
often have
names similar or identical to corresponding physical categories such as
"people," "real estate," "possessions," and the
names of specific items in those categories such as "house,"
"ball," "table," "drink," and so forth. Despite the
similar names, all There Objects are part of the There Environment and
Company
retains all rights, title, and interest in all parts of the There
Environment,
including, but not limited to Avatars and There Objects; these retained
rights
include, without limitation, patent, copyright, trademark, trade secret
and
other proprietary rights throughout the world. As part of your
interactions
with the There Environment, you may acquire, create, design or modify
There
Objects, but you agree that you will not gain any ownership interest
whatsoever
in any There Objects or There Environment, and you hereby assign to
Company all
of your rights, title and interest in any such There Objects. You
further agree
not to: (i) reverse engineer, disassemble or otherwise attempt to
discover
the source code or underlying structure of the There Environment; or,
(ii) copy, modify, distribute, sublicense, sell, barter, lend,
lease or
time-share any part of the There Environment except as expressly
permitted by
this Agreement or the Behavior Guidelines for the There Environment.
As
a member you are responsible for all activity on your
account and on any sub-accounts.
Violations or warnings accrued by a sub-account can lead to
termination
of that sub-account or your account. If warnings or violations
are received
by sub-accounts, your account will also receive notification. You
may
also receive important notices about your membership from time to time
that may
not be provided to the sub-accounts, so it is important for you to
regularly
check the email address you provided when you registered. Because you
are
responsible for all use of your account, you must supervise the use of
your
account by others. Sub-account users are responsible for complying with
all of
the terms of this Agreement and the Behavior Guidelines for the There
Environment, and you may not allow someone to use a sub-account if they
would
not otherwise qualify for an account (e.g., they are underage). It is
important
that you not reveal your password to others. You agree not to
reveal your
password to others and you agree to indemnify and hold Company harmless
for any
improper or illegal use of your account. This includes illegal or
improper use by someone to whom you have given permission to use your
account.
Your account may be terminated if you let someone use it
inappropriately.
If your membership is terminated for any reason, Company is under
no
obligation to offer Services or another membership to you in the
future.
3. PRIVACY POLICY
Registration
data and certain other account information
about you is subject to our Privacy Policy. For more information, see
our full
privacy policy at http://www.there.com/.
4.
CHARGES, BILLING AND THE FREE TRIAL
You
are responsible and agree to pay all charges incurred, including
applicable
taxes and purchases made, by you or anyone you allow to use your
account or
sub-accounts. There
may be extra charges to access certain premium content, Services or
areas of
the There Environment. Company will
provide notice of any extra charge before you incur any charges. You are responsible for any premium charges
incurred using your account (including sub-accounts) and these charges
apply
even during the free trial. Members will be given the option to
subscribe to There by providing us with a valid credit card number and
billing
information. Billing information will be held as strictly confidential.
Payment by Credit Card
You must use a credit card or an approved
payment
method to pay for your subscription. When you provide credit card
information
or other payment method information to There, you represent and warrant
that
you are the authorized user of the credit card that is used to pay the
subscription or other charges or fees. Unless you provide us prior to
the
expiry of your subscription with a written notice of cancellation, your
subscription will automatically renew for the same period of time. You
agree to
promptly notify There of any changes to your credit card account
number, its
expiration date and/or your billing address, and you agree to promptly
notify
There if your credit card expires or is canceled for any reason.
Charges to Your Credit Card
YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE
AND
ARE NOT REFUNDABLE IN WHOLE OR IN PART. There reserves the right to
change our
fees or billing methods at any time and There will provide email notice
of any
such change at least thirty (30) days advance. Your continued use of
the There
for thirty (30) days after notification of the changes means that you
accept
such changes. If any change is unacceptable to you, you may cancel your
membership or a particular subscription at any time, but There will not
refund
any fees that may have accrued to your account before cancellation of
your
membership or subscription, and we will not prorate fees for any
subscription.
If your use of the Service is subject to
use or sales tax, then There may also charge you for any such taxes, in
addition to the subscription or other fees.
As the account holder, you are responsible
for
all charges incurred, including applicable taxes, and all purchases
made by you
or anyone that uses your account, including your family or friends.
Unless your
account or credit card information is obtained unlawfully or
fraudulently by
someone other than those authorized by you to use your account.
We may offer a period of free access to a
There.
You are always responsible for any Internet service provider,
telephone, and
other connection fees that you may incur when There, even when we offer
a free
period to a subscription.
5.
ONLINE CONDUCT AND CONTENT
Content
By content, we mean the text, software,
communications, images, sounds and other information provided online.
Most content in the There Environment is provided by Company, our
members, our affiliates, or independent content providers under
license.
In general, Company pre-screens content available in the There
Environment. However, Company does not assume any responsibility
or
liability for content that is provided by others. Company does
reserve
the right to remove content that, in Company’s judgment, does not meet
its
standards or does not comply with the Agreement,
or that was originally “accepted”, but subsequently deemed
inappropriate for
any reason, but Company is not responsible for any failure or delay in
removing
such material. Keep in mind that Company is not responsible for content
available on the Internet, although we reserve the right to block
access to any
Internet area containing illegal or other harmful content or otherwise
being
used for purposes that are unlawful or injurious to Company or its
members.
Company encourages members to participate and
express their views. But it is important to remember that there are Behavior
Guidelines that you must abide by as a member. This means
that if
you, or anyone using your account, violate the Behavior Guidelines,
Company may
take action against your account, ranging from the issuance of a
warning to the
termination of your account. You understand that Company is not
required to
provide notice prior to terminating your account for violating these Behavior
Guidelines, but it may choose to do so. Company
applies the same Behavior Guidelines to
its own and its partners' content that
it applies to member content. Please
see our Behavior Guidelines at http://www.there.com/.
Obey
the law
wherever you are. This includes state, local, federal laws, or foreign
or
international law where appropriate. There does not permit
activities
that are prohibited by law. Ignorance of
the law is no excuse.
Intentional
disruption of Services
You must respect the rights of others to
enjoy
safe and unimpeded access to There. You
may not transmit or provide external links to any content containing a
virus or
corrupted data, or use There or other internet services in a manner
that
adversely affects the availability of There resources to other members.
Inaccurate
Representation of Identity
You may not impersonate another person
(including
celebrities), indicate that you are an There employee or a
representative of
There, Inc, or attempt to mislead users by indicating that you
represent There,
Inc. or any of There’s partners or affiliates.
Selling of Accounts, and Content.
It is against There policy for members to sell member accounts to
another
member for purposes of making a profit.
This includes specially priced Beta accounts.
There Inc. can and will take action
(which may include suspension or termination) on any accounts found to
be
violating this policy.
Membership
Fraud
Members
are allowed
one avatar per family member. Members
are not allowed to create multiple avatars using the same or different
email
addresses for the purpose of acquiring multiple accounts/Avatars. The
internal
economy of There is real and may be monitored like any other
economy to
insure it is reliable, dependable, secure, and fair. There monitors
transactions that indicate this type of fraudulent behavior (i.e.
muling –
creating multiple avatars in order to collect “free” Therebucks) and
reserves
the right to terminate the account of any member identified to be
engaging in
these practices.
Illegal
behavior
You
will comply will
all applicable laws, regulations, and ordinances as a condition of your
membership. Company will terminate your accounts and membership upon
receiving
reliable information involving your violation of any law, and will
cooperate
with law enforcement agencies on such matters. Company may monitor the
There
Environment to enforce the Behavior Guidelines and policies of Company,
to
detect or verify illegal activity, and to cooperate with law
enforcement
agencies. Please refer to Behavior
Guidelines for further details.
E-mail,
Advertisements, Use of Member Information
Your membership allows you to send and
receive
e-mail to and from other members and users of the Internet. You
may not
use the Services to send unsolicited bulk e-mail, junk e-mail, chain
letters or
"spam". You
may
place advertisements only in areas designated for that purpose.
Unsolicited advertising is not allowed. You must have
permission
from Company and/or the person to whom you are sending the
advertisement.
You
may not harvest or collect information,
including screen names, about other members or users of the There
Environment.
The use of any information learned through the Services or while in the
There
Environment is limited to the express purposes set forth in this
Agreement and
the Behavior Guidelines for the There Environment; all other uses,
including,
without limitation, sending unsolicited bulk e-mail, are strictly
prohibited.
Any violation of these provisions will
subject
your account and membership to immediate termination and further legal
action.
If you have received unsolicited bulk e-mail and want to report
it, use
the Forward button on the e-mail screen
and send the e-mail to help@there.com;
however, Company cannot guarantee that it can prevent your receipt of
all such
e-mail. Company also reserves the right to take any and all
legal and
technical remedies to prevent unsolicited bulk e-mail from entering,
utilizing
or remaining within the There Environment.
Trades Trades are any items or Therebucks that are
purposely given to another member (by mutual agreement between the two
involved
members). Trades involve items “owned”
by each party.
Trades are transactions between members.
There does
not take responsibility for trade between members. However, when scams
or
fraudulent behavior occurs, Customer Service will research and take
appropriate
action. Trade scams are not permitted in There.
Members involved with scamming or fraudulent trades will have
their
accounts suspended temporarily or permanently.
The content available through the There
Services
or in the There Environment is owned by There, and is protected by
copyrights,
trademarks, and other intellectual property rights. Any content that
you upload
or download while using the Service must be authorized; this means you
must
have the legal right to upload or download the content. You must
not
copy, transmit, modify, distribute, show in public or in private or
create any
derivative works from any of the content you find in the There
Environment,
unless you have the legal right or permission of There, Inc. to do so.
Making unauthorized copies of any content can lead to the
termination of
your account and may subject you to further legal action beyond the
termination
of your membership by Company or other content owners. You agree to
indemnify
and hold harmless Company and its subsidiaries, affiliates, related
companies,
employees, officers, directors and agents from any claims made by third
parties
relating to your use of any content.
Company
will comply with all copyright laws, and will
take steps to remove all content that infringes third party copyright.
Pursuant
to the Digital Millennium Copyright Act, 17 U.S.C. 512,
Company has
established a designated agent and a procedure for reporting and
responding to
claims of copyright infringement. Please contact us at (650) 433-4000
to report
infringements.
Submissions
Company is pleased to hear from its members
and
welcomes your comments regarding the Services and the There
Environment.
However, Company’s policy does not allow us to accept or consider
creative
ideas, suggestions or materials other than those it has specifically
requested.
It is the intent of this policy to avoid any misunderstandings when
projects
developed by Company’s professional staff might seem to others to be
similar to
their own creative work. Accordingly, we must ask that you do not send
us any
original creative materials such as game ideas or original artwork.
While we do
value your feedback on our services and products, we request that you
be
specific in your comments on those services and products, and not
submit any
creative ideas, suggestions or materials.
All
materials you send to Company, whether or not at our
request (including, but not limited to, e-mail, postings, contest
entries,
Avatars, There Objects, “Developer submissions”, creative suggestions,
ideas,
notes, drawings, concepts or other information) (collectively,
"Submissions"), shall be deemed, and shall remain, the property of
Company. None of the Submissions shall be subject to any obligation of
confidence on the part of Company and Company shall not be liable for
any use
or disclosure of any Submissions. Without limitation of the foregoing,
Company
shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature, in perpetuity, throughout the
world and
shall be entitled to unrestricted use of the Submissions for any
purpose
whatsoever, commercial or otherwise, without compensation to the
provider of
the Submissions. You waive any and all moral rights in any such
Submissions as
well as any claim to a right of credit or approval.
6. DEVELOPER AGREEMENT
Company provides you with a limited license
to
use the software tools (“Tools”) you may download as a developer,
solely for
the purpose of creating content and submitting the Content to Company
for
display and distribution through the Company services. You shall not
copy,
distribute, sell, lease, lend, sub-license, or charge others to use or
access,
the Tools, Software (as defined below), or reverse engineer,
disassemble or
attempt to discover the structure or underlying ideas of any Software.
You
shall not use the Tools or Software to create Content for any use other
than in
connection with the Company services, and you shall not provide any
Content
created with the Software to any third party other than Company. All
Software
is provided on an "AS IS" basis without any warranty.
ORIGINAL CONTENT SUBMISSIONS
You hereby grant to Company a perpetual,
irrevocable, royalty free, worldwide license to use, publicly display,
distribute, modify and otherwise fully exploit any Content that you
submit to
Company for any purpose necessary or relating to the Company's
services. Any
Content submitted by you shall be subject to the terms and conditions
of this
Member Agreement. Company may, in its sole discretion, remove any
Content from
its services and may refuse to display or distribute any Content
submitted by
you. None of the Content or the ideas, designs or concepts underlying
the
Content shall be subject to any obligation of confidence on the part of
Company
and Company shall not be liable for any use or disclosure of any
Content. You
hereby warrant that you are the sole designer, creator and owner of any
Content
that you submit, that the Content does not infringe in any way on the
intellectual property rights, rights of privacy or publicity, or any
other
rights of any third party, and that the Content is fully compliant with
the
terms and conditions of this Member Agreement. You agree to indemnify
and hold
harmless Company and its subsidiaries, affiliates, related companies,
employees, officers, directors and agents from any claims made by third
parties
relating to the Content.
USE OF LOGOS
If Company
makes available to you a logo or other artwork for downloading
("Logos"), Company hereby grants to you a nonexclusive,
nonassignable, nonsublicenseable, revocable royalty-free license to
display
such Logos on your Website, including the associated trademarks and
copyrights
therein, for the sole purpose of (a) linking from your Website to the
There.com
home page, and (b) promoting the Company services from your Website.
You may
display the Logos only in the form and at the size provided to you. You
may not
modify or alter the Logos in any way, including size, proportions,
colors,
elements, type or any other respect. You may not animate, morph or
otherwise
distort the Logos' perspective or dimensional appearance. If Company
provides
you with a substitute version of any Logo, you shall replace such Logo
as soon
as reasonably possible. Each Logo shall be surrounded by a reasonable
amount of
empty space, and you may not use the Logo in conjunction with other
logos or
marks in a way that would create a combination mark. You may not use
the Logos
in a way that suggests that Company endorses or sponsors your Website.
The
Logos may not appear larger or more prominently than other branding on
the page
on which it is displayed. You may not use the Logo in any way that
tarnishes,
blurs or dilutes the quality of Company's trademarks or any associated
goodwill. Without limiting the foregoing, you shall not display the
Logos on
any pages that contain infringing or illegal content. You acknowledge
Company'
sole and exclusive ownership of the Logos, and you shall not take any
action
inconsistent with such ownership, such as adopting, using, registering,
or
attempting to register any logo or trademark confusingly similar to any
Logos.
All use of or goodwill associated with the Logos shall inure to
Company's
benefit. You may not use the Logo in any manner not expressly
authorized under
this Agreement. Company may terminate the license to use the Logos at
any time
for any reason or no reason. In the event of termination, (a) you shall
immediately remove the Logos from your Website and otherwise cease
using the
Logos.
7.
COMPANY SOFTWARE LICENSES
Company provides you with a limited license
to
use software you receive or access as part of the Services
(“Software”), only
subject to your compliance with this Agreement, the Behavior Guidelines
of the
There Environment, and any additional conditions made known to you at
the time
of download of particular software. You shall not copy, distribute,
sell,
lease, lend, sub-license, or charge others to use or access, Company
software,
or reverse engineer, disassemble or attempt to discover the structure
or
underlying ideas of any Company software. Company may occasionally
provide
automatic upgrades to improve the Services and the There Environment,
Company
employs virus-screening technology to assist in the protection of our
network
and our members, and Company software may include routines designed to
prevent
the spread of viruses, or improper use of the software (which routines
may
disable the software); you agree not to attempt to circumvent any of
these
functions or routines. You understand that Company’s introduction of
various technologies
may not be consistent across all platforms and that the performance and
some
features offered by Company may vary depending on your computer and
other
equipment.
8.
DISCLAIMERS AND LIMITATIONS
YOU EXPRESSLY AGREE THAT THE USE OF COMPANY'S
SOFTWARE, THE SERVICES, THE THERE ENVIRONMENT AND THE INTERNET IS AT
YOUR SOLE
RISK. COMPANY'S SOFTWARE, THE THERE ENVIRONMENT, AND ALL OTHER
PRODUCTS,
SERVICES AND TECHNOLOGY AND ACCESS (TO THE INTERNET OR OTHERWISE) ARE
PROVIDED BY
COMPANY AND ITS SUPPLIERS "AS IS" AND "AS AVAILABLE" FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, ACCURACY, ACCESSABILITY OF THE SERVICES, AND CAPACITY
OF THE
THERE ENVIRONMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT ENDORSE, WARRANT OR
GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH COMPANY OR THE THERE
ENVIRONMENT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR
SERVICES.
COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY
COMPANY
SHALL BE THE REPLACEMENT OF SUCH SOFTWARE FOUND TO BE DEFECTIVE.
YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH COMPANY IS THE
CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 10.
NOTWITHSTANDING
ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, COMPANY WILL NOT BE
LIABLE WITH
RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS
IN
EXCESS, IN THE AGGREGATE, OF THE FEES PAID TO COMPANY HEREUNDER DURING
THE NINETY
DAY PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (II) FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST DATA OR (III) FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. THIS SECTION
DOES NOT
LIMIT LIABILITY FOR BODILY INJURY OF A PERSON. SOME STATES OR
JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR
INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, COMPANY'S
LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Electronic Communications Privacy Act Notice
(18USC 2701-2711): Company MAKES NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF
ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE SERVICES OR THE
THERE
ENVIRONMENT OR ANY WEB-SITE LINKED TO THEM. Company will not be liable
for the
privacy of e-mail addresses, registration and identification
information, disk
space, communications, confidential or trade-secret information, or any
other
content stored on Company’s equipment, transmitted over networks
accessed by
the site, or otherwise connected with your use of the Services.
9.
INDEMNIFICATION
You agree to defend, indemnify and hold
harmless
Company and its affiliated subsidiaries, employees, contractors,
officers,
directors, telecommunications providers and content providers from all
liabilities, claims and expenses, including attorneys fees, that arise
from a
breach of this Agreement or are made by third parties related to your
use of
Services or the There Environment or the Internet, or in connection
with your
transmission of any content using the Services or There Environment.
Company reserves the right to assume the exclusive defense and
control of
any claim otherwise subject to indemnification by you.
10.
TERMINATION, CANCELLATION, AND INTERUPTION OF SERVICE
Either you or Company may terminate or cancel
your membership at any time. You understand and agree that the
cancellation of your membership is your sole right and remedy with
respect to
any dispute with Company, except for refunds expressly provided for in
the
“Cancellation” and “Discontinuation of Service” sections below.
This
includes, but is not limited to, any dispute related to, or arising out
of:
(1) any term of this Agreement or Company’s enforcement or
application of
this Agreement; (2) any policy or practice of Company including its
Privacy
Policy, operation of the There Environment, or Company’s enforcement or
application of its policies or Behavior Guidelines; (3) the content
available
through the Services or There Environment or any change in content so
provided;
(4) your ability to access and/or use Services or the There
Environment; or (5)
the amount or type of fees, surcharges, applicable taxes, billing
methods, or
any change to the fees, applicable taxes, surcharges or billing
methods.
You can cancel your membership contact us at
1-866-4U-THERE. Cancellation will take
effect within 72 hours of receipt of your request, and Company will
send you
written confirmation. If you cancel near the end of your billing
period
and are inadvertently charged for the next month's fee contact Company
at billing@there.com.
Company reserves the right to collect fees, surcharges or
costs
incurred before you cancel your There
membership. In addition, you are responsible for any charges
incurred to
third-party vendors or content providers prior to your cancellation.
In
the event that your account is terminated or canceled,
no refund, including any membership fees, will be granted, except for
refunds expressly
provided for in the “Discontinuation of Service” section
below; no online time or other
credits (e.g., points in an online game or any There objects or
Therebucks
purchased, won, or earned) will be credited to you, nor can they be
converted
to cash or other form of reimbursement. You may not allow former
members
or other agents whose memberships have been terminated to use your
accounts.
Any delinquent or unpaid accounts or unresolved issues relating
to former
membership must be resolved before Company will permit you to have a
new
membership. All provisions of this
Agreement that by their nature should survive termination of this
Agreement do
survive its termination, including, but not limited to, provisions on
ownership, proprietary rights, warranty disclaimers and liability and
remedy
limitations.
There reserves the right to interrupt the
Service
with or without prior notice for any reason or no reason. You agree
that There
will not be liable for any interruption of the Service, delay or
failure to
perform and are not obligated to refund monies for example,
subscription fees
or Therebuck purchases.
In the event There permanently discontinues
Service or terminates this Agreement other than for a breach of this
Agreement
by you or other cause, There shall, upon your request, refund your
previous
thirty days’ purchases of subscription fees and Therebucks. Said refund is limited to purchases made in
the thirty days prior to the permanent discontinuation of the Service
and only
applies to purchases you made directly from There, not via any
third-party, other
members or any other source. Therebuck
refund applies to purchases of Therebucks, whether or not those
Therebucks are
still in your possession. In no event
will refunds be granted for Therebucks that were not obtained through
direct
purchase from There. Refunds must be
requested within fifteen days of the discontinuation and will be paid
within
thirty days of receiving the request. Requests
should be made by sending e-mail to help@there.com.
11.
NON-DISCLOSURE
You shall keep
confidential and not disclose to any third party or use (except as part
of
using the Services and the There Environment) any non-public
information
obtained from Company or as part of your use of the Services and the
There
Environment (“Confidential Information”). This restriction will not
apply to
information that you can document is publicly available, or becomes
publicly
available, through no act or omission of yours. Due to the unique
nature of
Confidential Information, you agree there can be no adequate remedy at
law for
breach of this Section and that such breach would cause irreparable
harm to
Company; therefore, Company shall be entitled to seek immediate
injunctive
relief, without an obligation to post a bond in addition to whatever
remedies
it might have at law or under this Agreement. This restriction shall
remain in
effect even after the termination of your membership until all
Confidential
Information becomes publicly available.
12.
LAW AND LEGAL NOTICES
This Agreement, in conjunction with any other
agreements, such as a Non Disclosure Agreement or Employee Agreement,
represents your entire agreement with Company. You agree that 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. You also understand
and agree
that the Company's policies and Behavior Guidelines, including, but not
limited
to its Privacy Policy and Behavior Guidelines for the There
Environment,
including Company’s enforcement of these policies and Behavior
Guidelines, is
not intended to confer, and does not confer, any rights or remedies
upon any
person. 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. The
laws of the
State of
You agree to abide by
Information for
Under California Civil Code Section 1789.3,
California Members are entitled to the following specific consumer
rights
information:
Pricing
Information. Current
rates for using There may be obtained at the
appropriate
time at http://www.there.com/.
Company
reserves the right to change fees, surcharges, monthly membership fees
or to
institute new fees at any time upon thirty (30) days prior notice, as
provided
for in Section 2 of this Member Agreement.
Complaints.
The Complaint Assistance Unit of the Division of Consumer
Services of the
California Department of Consumer Affairs may be contacted in writing
at 1020
N. Street, #501,