ACCEPTANCE OF TERMS -
Welcome to Resident Services. Resident Services provides its service to Customer, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time with written notice to Customer. In addition, when using particular Resident Services Network Application, Customer and Resident Services shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Resident Services may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE -
Resident Services currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Customer also understands and agrees that the Service may include advertisements and that these advertisements are necessary for Resident Services to provide the Service. Customer also understand and agree that the service may include certain communications from Resident Services, such as service announcements, administrative messages and the Resident Services Newsletter, and that these communications are considered part of Resident Services membership and Customer will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Resident Services properties, shall be subject to the TOS. Customer understand and agree that the Service is provided "AS-IS" and that Resident Services assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings Customer are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Customer is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, Customer must provide and are responsible for all equipment necessary to access the Service.
MEMBER ACCOUNT, PASSWORD AND SECURITY -
Customer will receive a password and account designation upon completing the Service's registration process. Customer is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under Customer password or account. Customer agree to (a) immediately notify Resident Services of any unauthorized use of Customer password or account or any other breach of security. Resident Services cannot and will not be liable for any loss or damage arising from Customer failure to comply with this Section 4.
MEMBER CONDUCT -
Customer understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Customer, and not Resident Services, are entirely responsible for all Content that Customer upload, post, email, transmit or otherwise make available via the Service. Resident Services does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Customer understands that by using the Service, Customer may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Resident Services be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Customer agrees to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Resident Services official, forum leader, guide or host, or falsely state or otherwise misrepresent Customer affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that Customer do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
Customer acknowledge that Resident Services may not pre-screen Content, but that Resident Services and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Resident Services and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Customer agrees that Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that Customer may not rely on any Content created by Resident Services or submitted to Resident Service, including without limitation information in Resident Services Message Boards, and in all other parts of the Service.
Customer acknowledges, consent and agree that Resident Services may access, preserve, and disclose Customer account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Customer requests for customer service; or (e) protect the rights, property, or personal safety of Resident Services, its users and the public.
Customer understands that the technical processing and transmission of the Service, including Customer Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Customer understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Resident Services and/or content providers who provide content to the Service. Customer may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE -
Resident Services does not claim ownership of Content Customer submits or make available for inclusion on the Service. However, with respect to Content Customer submits or makes available for inclusion on publicly accessible areas of the Service, Customer grants Resident Services the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content Customer submits or makes available for inclusion on publicly accessible areas of Resident Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Resident Services Application to which such Content was submitted or made available. This license exists only for as long as Customer elects to continue to include such Content on the Service and will terminate at the time Customer removes or Resident Services removes such Content from the Service.
- With respect to photos, graphics, audio or video Customer submits or makes available for inclusion on publicly accessible area of the Service other than Resident Services , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as Customer elects to continue to include such Content on the Service and will terminate at the time Customer removes or Resident Services removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video Customer submit or make available for inclusion on publicly accessible areas of the Service other than Resident Services, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Resident Services network of properties that are intended by Resident Services to be available to users within the network that may be either members and/or visitors..
Customer agree to indemnify and hold Resident Services, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Customer submit, post, transmit or make available through the Service, Customers use of the Service, Customers connection to the Service, Customers violation of the TOS, or Customers violation of any rights of another.
NO RESALE OF SERVICE -
Customer agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including Customers Resident Services I.D.), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE -
Customer acknowledge that Resident Services may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Resident Services' servers on Customer behalf, and the maximum number of times (and the maximum duration for which) Customer may access the Service in a given period of time. Customer agrees that Resident Services has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Customer acknowledges that Resident Services reserves the right to log off accounts that are inactive for an extended period of time. Customer further acknowledges that Resident Services reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE -
Resident Services reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the specific Services (or any part thereof) with or without notice. Customer agrees that Resident Services shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Service.
Customer agrees that Resident Services may, under certain circumstances and without prior notice , immediately terminate Customers Resident Services account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by Customer (self-initiated account deletions, see section 2), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of Customer's Resident Services account includes (a) removal of access to all offerings within the Service, including but not limited to Resident Services Mail, Groups, Messages, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of Customers password and all related information, files and content associated with or inside Customers account (or any part thereof), and (c) barring further use of the Service. Further, Customer agree that all terminations for cause shall be made in Resident Services' sole discretion and that Resident Services shall not be liable to Customer or any third-party for any termination of Customer account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS -
Customer's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Customer and such advertiser. Customer agrees that Resident Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Resident Services has no control over such sites and resources, Customer acknowledges and agrees that Resident Services is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Customer further acknowledge and agree that Resident Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
RESIDENT SERVICES' PROPRIETARY RIGHTS -
Customer acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Customer through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Resident Services or advertisers, Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Resident Services grants Customer a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Customers do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Customer agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Customer agrees not to access the Service by any means other than through the interface that is provided by Resident Services for use in accessing the Service.
DISCLAIMER OF WARRANTIES -
CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT:
- CUSTOMER'S USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RESIDENT SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- RESIDENT SERVICES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET CUSTOMERR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMERR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMERS OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM RESIDENT SERVICES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF CUSTOMER, OR ANYONE IN CUSTOMERR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT CUSTOMER'S PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT CUSTOMER'S PHYSICIAN IF CUSTOMER EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY -
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT RESIDENT SERVICES SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESIDENT SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS -
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO CUSTOMER.
THIRD PARTY BENEFICIARIES -
Customer agrees that this Agreement shall be bind on and shall inure to the benefit of the parties hereto and their respective successors and assigns.
Resident Services may provide Customer with notices, including those regarding changes to the TOS, by regular mail, or postings on the Service.
TRADEMARK INFORMATION -
The RESIDENT SERVICES, Resident Services logo, RESIDENT SERVICES (in Chinese Characters), RESIDENT VALET, RESIDENT NETWORK, RESIDENT DELIVERY are trademarks and service marks and other Resident Services logos and products and service names are trademarks of Resident Services Network Inc. (the "Resident Services Marks"). Without Resident Services' prior permission, Customer agrees not to display or use in any manner, the Resident Services Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT -
Resident Services respects the intellectual property of others, and we ask our users to do the same. Resident Services may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If Customer believes that Customer's work has been copied in a way that constitutes copyright infringement, or Customer's intellectual property rights have been otherwise violated, please provide Resident Services' Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that Customer claim has been infringed;
- a description of where the material that Customer claim is infringing is located on the site;
- Customer's address, telephone number, and email address;
- a statement by Customer that Customer have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by Customer, made under penalty of perjury, that the above information in Customer's Notice is accurate and that Customer are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Resident Services' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Resident Services Network Inc.
4270 Aloma Ave #124-18J
Winter Park, FL 32792
By phone: 888-272-1414
By email: firstname.lastname@example.org
GENERAL INFORMATION -
Entire Agreement. The TOS constitute the entire agreement between Customer and Resident Services and govern Customer's use of the Service, superceding any prior agreements between Customer and Resident Services. Customer also may be subject to additional terms and conditions that may apply when Customer use or purchase certain other Resident Services services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between Customer and Resident Services shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Customer and Resident Services agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Seminole , Florida .
Waiver and Severability of Terms. The failure of Resident Services to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.