Terms of Service

Terms of Service

Last Updated: February 8, 2007

Affinity Circles, Inc. ("SERVICE PROVIDER") is a Delaware Corporation providing a web-hosted service to the organization represented on this site by way of logo, branding, images, and data ("OPERATOR"), which has an agreement with SERVICE PROVIDER authorizing SERVICE PROVIDER to offer its proprietary networking engine ("SERVICE") to select members, affiliates, and others ("MEMBER(S)") granted access to the SERVICE by the OPERATOR.

This agreement describes the terms on which you may access and use the SERVICE. In order to become a MEMBER of the SERVICE, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access the SERVICE.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the SERVICE indicates your acceptance of the amended User Agreement.

Description of Service

The SERVICE is an online networking engine offered to enable MEMBERS to network personally and professionally with other MEMBERS through SERVICE PROVIDER'S suite of tools and services.  Whether looking for a job, an expert in a certain field or topic, an old friend, or an activity partner, MEMBERS can make contact with other MEMBERS on an as-approved basis.  The SERVICE is a closed, private, and trusted community available only to MEMBERS approved by the OPERATOR.

In addition, MEMBERS will be given the opportunity to search and message across other SERVICES provided by SERVICE PROVIDER on an as-approved basis by both the OPERATOR and the individual MEMBER.  No information will be shared outside of the current SERVICE without the approval and consent of both the OPERATOR and individual MEMBERS.

Membership Eligibility

You must be at least 13 years of age to participate in the SERVICE or access this web site. By accepting these Terms of Service and/or by visiting this web site or using the SERVICE you represent that you are 13 years of age or older. MEMBERS may not have more than one active account. Additionally, MEMBERS are prohibited from selling, trading, or otherwise transferring your SERVICE account to another party. If you do not qualify (as determined by the OPERATOR), you may not use the SERVICE.

Use of Service

Your use of the SERVICE is governed by these Terms of Service. The SERVICE PROVIDER or OPERATOR may refuse service without prior notice to any MEMBER for any or no reason. 

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify OPERATOR of any unauthorized use of your password or account or any other breach of security. Both the SERVICE PROVIDER and OPERATOR cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that SERVICE PROVIDER or OPERATOR may, with or without cause, immediately terminate your SERVICE account and access to the SERVICE without prior notice. Without limiting the foregoing, the following will lead to a termination by SERVICE PROVIDER or OPERATOR of a member's use of the SERVICE (a) breaches or violations of this Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your SERVICE account includes (a) removal of access to all offerings within the SERVICE, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the SERVICE. Further, you agree that all terminations shall be made in SERVICE PROVIDER'S sole discretion and that SERVICE PROVIDER and OPERATOR shall not be liable to you or any third-party for any termination of your account or access to the SERVICE.

Member Conduct

You understand and agree not to use the SERVICE to:

•   Post content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

•   Use the SERVICE for any illegal purpose, including but not limited to conspiring to violate laws.

• Falsely state, impersonate, or otherwise misrepresent your identity or affiliations with a person or entity, past or present.

• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or 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 or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

• Collect, store or transfer personal data about other MEMBERS, including but not limited to information about another MEMBER'S work experience, educational background, personal information, address, interests, skills, or reputation information or metadata such as the number or identity of contacts in another MEMBER'S network.

• 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.

• 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.

• Stalk or harass anyone.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the SERVICE.

• 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.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local laws and rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using the SERVICE, members may provide information about themselves that may be visible to certain other members (see our Privacy Policy to learn more about information collected on this website). You understand that all information publicly posted or privately transmitted through the SERVICE is the sole responsibility of the person from which such content originated and that the SERVICE PROVIDER and OPERATOR will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the authenticity of data that has not been previously confirmed and transferred to the SERVICE PROVIDER by the OPERATOR.  In addition, MEMBERS may provide information about themselves or describe relationships that are inaccurate.

What Information We Collect About You

The information we collect about you is information that you voluntarily provide to us by or through using the service or web site. For more information about how we treat information that you may provide or that we collect please consult the Affinity Circles Privacy Policy available at http://iamatrailblazersfan.com.

Access to Service

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the SERVICE website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Service Communications

In the course of providing you services, the OPERATOR or SERVICE PROVIDER may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails that are specific to your account and necessary for the normal functioning of the SERVICE, including a series of up to five welcome emails that help inform new users about various features of the SERVICE. You also agree to have your name, and/or email address listed in the header of certain communications that you initiate through the SERVICE.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the SERVICE, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact the OPERATOR to let them know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the SERVICE that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees

Signing up for the SERVICE is free.  OPERATOR and SERVICE PROVIDER reserves the right to charge for the SERVICE or any portion thereof, modify the pricing of, add to, or discontinue the SERVICE or any portion thereof without prior notice.

Indemnification

By accepting the Terms of Service, you agree to indemnify and otherwise hold harmless SERVICE PROVIDER, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the SERVICE; ii) unauthorized access to or alteration of your communications with or through the SERVICE, or iii) any other matter relating to the SERVICE. Any business transactions that may arise between members from their use of the SERVICE are the sole responsibility of the members involved.

You understand and agree that SERVICE PROVIDER and OPERATOR may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Terms of Service, or protect the rights, property, or safety of SERVICE PROVIDER, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SERVICE PROVIDER AND OPERATOR DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY MEMBER INFORMATION OR COMMUNICATIONS BETWEEN MEMBERS. SERVICE PROVIDER AND OPERATOR ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN MEMBERS. SERVICE PROVIDER AND OPERATOR EXPRESSLY DISCLAIM 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.

SERVICE PROVIDER AND OPERATOR MAKE 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 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.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER, OPERATOR, OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND ARE FULLY ABLE AND COMPETENT TO SATISFY THE TERMS, CONDITIONS, AND OBLIGATIONS THEREIN.

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 MAY NOT APPLY TO YOU.

Entire Agreement

This Terms of Service, along with OPERATOR's Terms of Service, constitute the entire agreement between you, the SERVICE PROVIDER, and the OPERATOR and governs your use of the SERVICE, superceding any prior agreements, whether written or oral between you, the SERVICE PROVIDER, and OPERATOR.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE PROVIDER AND OPERATOR 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 THE SERVICE PROVIDER AND/OR OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SERVICE PROVIDERS OR OPERATORS TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law

The User Agreement between you, the SERVICE PROVIDER, and OPERATOR will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.  You agree that any action brought hereunder or otherwise related to the SERVICES shall only be brought in the state or federal courts serving Santa Clara County , California and you hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.

General Information

Affinity Circles, Inc., the Affinity Circles, Inc. logo, and other SERVICE logos and names are trademarks of SERVICE PROVIDER. You agree not to display or use these trademarks in any manner without SERVICE PROVIDER'S prior, written permission. The section titles of this Terms of Service are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the Terms of Service to:

Affinity Circles, Inc.
Attn: Terms of Service Issues
701 N. Shoreline Blvd
Floor 1
Mountain View, CA 94043