1. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or AzGU has reasonable grounds
to suspect that such information is untrue, inaccurate, not current
or incomplete, AzGU has the right to suspend or terminate your
account and refuse any and all current or future use of the Service
(or any portion thereof). AzGU is concerned about the safety and
privacy of all its users.
2. AZGU PRIVACY POLICY
Registration Data and certain other information about
you is subject to our Privacy Policy. For more information, see
our full privacy policy at Privacy
Policy.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify AzGU of
any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at
the end of each session. AzGU cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section 3.
4. MEMBER CONDUCT
You understand that all information, data, text, software,
photographs, 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 you, and not AzGU, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise
make available via the Service. AzGU does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances will
AzGU 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.
You agree to not use the Service to:
a. upload,
post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm
minors in any way;
c. impersonate
any person or entity, including, but not limited to, a AzGU official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload,
post, email, transmit or otherwise make available any Content that
you 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);
f. 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;
g. 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;
h. 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;
i. 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;
j. 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;
k. intentionally
or unintentionally violate any applicable local, state, national
or international law;
l. "stalk" or
otherwise harass another; or
m. collect
or store personal data about other users. You acknowledge that
AzGU does not pre-screen Content, but that AzGU 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, AzGU and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you 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.
You acknowledge and agree that AzGU may preserve Content
and may also disclose Content if required to do so by law or in
the good faith belief that such 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;
or (d) protect the rights, property, or personal safety of AzGU,
its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
5. INDEMNITY
You agree to indemnify and hold AzGU, 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 you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AzGU 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 AzGU's servers
on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period
of time. You agree that AzGU 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. You
acknowledge that AzGU reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge
that AzGU reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without
notice.
8. MODIFICATIONS TO SERVICE
AzGU reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree
that AzGU shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
9. TERMINATION
You agree that AzGU, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if AzGU
believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. AzGU may also in its sole discretion
and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that
AzGU may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that AzGU
shall not be liable to you or any third-party for any termination
of your access to the Service.
10. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because AzGU
has no control over such sites and resources, you acknowledge and
agree that AzGU 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. You further acknowledge
and agree that AzGU 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.
11. AZGU'S PROPRIETARY RIGHTS
You acknowledge and agree 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. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by AzGU or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
AzGU grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software; provided
that you 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. You agree 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. You agree not to access the Service by any
means other than through the interface that is provided by AzGU
for use in accessing the Service.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AZGU 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.
b.
AZGU MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR 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 YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM AZGU OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AZGU SHALL
NOT BE LIABLE 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 AZGU 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 YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices to you
generally on the Service.
14. TRADEMARK INFORMATION
AzGU, STARS, the AzGU logo, the STARS logo and other
AzGU logos and product and service names are trademarks of AzGU.
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you
and AzGU and govern your use of the Service, superceding any prior
agreements between you and AzGU. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and AzGU shall be governed by the laws of the State
of Arizona without
regard to its conflict of law provisions. You and AzGU agree to
submit to the personal and exclusive jurisdiction of the courts
located within the county of Phoenix, Arizona.
The failure of AzGU 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. You agree 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.