Abuse Report
1 .  Thread's URL
2 .  Comment
3 .  Your Name
4 .  E-mail
    




User Name   Password
Aimoo Help Forum
Views:410     

<<Previous ThreadNext Thread>>
Page 1 of 1    
Title: Terms of Service
  
Author Comment
Deoris
| Move to Bottom
 
Author



Rank:none
Status:
Score: 32
Posts: 32
From: USA
Registered: 02/14/2003

(Date Posted:11/23/2007 10:35 AM)

Where are your Terms of Service posted?

--------------------------------------------------------------

RiverRatz
| Move to Top | Move to Bottom
 
1#



Rank:platinum Member
Status:
Score:642
Posts:642
From: USA
Registered: 08/12/2005

RE:Terms of Service
(Date Posted:11/24/2007 10:22 AM)

It appears they are ignoring the question ... probably because there is NO Terms of Service.

BUT ... I did find the TOS from the old version.

MEMBERSHIP AGREEMENT


This Agreement (the "Agreement") governs your access and use of Aimoo Board facilities, bulletin boards and service (the "Service"). In consideration for your right to access and use the Service, you and Aimoo Board agree as follows:

1. ACCEPTANCE OF TERMS

By check "I hereby agree to the Membership Agreement" on the join page, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 18 below.

2. THE Aimoo Board SERVICE

The Aimoo Board Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that Aimoo Board assumes no responsibility for, among other things,
(1) any service outages or interruptions
(2) the unavailability of particular boards, features or services,
(3) the inability to access the Service,
(4) the failure or inability to post materials to the Service,
(5) the deletion of materials posted to the Service or (6) the failure to store materials posted to the service.

3. REGISTRATION

To take advantage of the Service's full capabilities users must register with Aimoo Board. You may register as a Global User at http://www.Aimoo.com/. You may register as a Local User by clicking on the Register Your Free Account link on any Aimoo Board, then clicking on the Create a Local Account link. If you choose to register, you agree that you will supply Aimoo Board with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to Aimoo Board during your use of the Service is governed by Aimoo Board's privacy policy that can be viewed at http://www.Aimoo.com/Privacy_message_board.cfm. During the registration process, you will be asked to select a password for your individual account. Your password will not work until you have validated your account by responding to the email you will receive following registration. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting The Security Options menu of the Aimoo Board tab of your Control Center screen. If you learn of any unauthorized use of your account or password, you agree to notify Aimoo Board immediately via email to abuse@Aimoo.com.

4. CONTENT ACCESSIBLE ON THE SERVICE

The Aimoo Board Service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. . Please use caution and common sense when viewing Aimoo Board communities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Aimoo Board is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Aimoo Board be liable in any way to you 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 any Content posted or otherwise transmitted via the Service.

You acknowledge that Aimoo Board does not pre-screen Content, but agree that Aimoo Board shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing,

You acknowledge and agree that Aimoo Board may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Aimoo Board, its users and the public.

5. LICENSE GRANTED TO Aimoo Board

You grant Aimoo Board the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on Aimoo Board's sites and for the promotion and marketing of Aimoo Board's services. However, Aimoo Board will not resell, attempt to resell, or otherwise convey these rights to any third party.

6. USER CONDUCT

You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a Aimoo Board official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
(g) collect or store personal data about other users;
(h) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.

If you do use the Service to commit any of the above, Aimoo Board may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.

7. CREATION OF BOARDS

In using the Service to create or make accessible a board, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.

8. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE

You agree that Aimoo Board may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. Your acknowledge that Aimoo Board has the right to change these
general practices and limits at any time, in its sole discretion, with or without notice.

9. MODIFICATION AND TERMINATION OF SERVICE

Aimoo Board reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Aimoo Board shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

*Adult site is not allowed in aimoo. Any boards(created after April 1st,2004) that contain any adult, sexually oriented, obscene materials, or Password Hacker or services will be removed without notice.

You agree that Aimoo Board, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Aimoo Board shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following:

(a) circumventing any Aimoo Board banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All Aimoo Board member boards must have a link to Aimoo Board or its related directories.
(b) using in the registration of your Aimoo Board membership an email account that is not your own or that is or becomes inactive.
(c) reproducing, distributing, republishing or retransmitting material posted by other Aimoo Board members without the prior permission of such members.

Aimoo Board reserves the right to take any action it deems necessary with respect to your Aimoo Board or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.

10. OTHER WEB SITES AND RESOURCES

Third parties using the Service may provide links or access to other web sites and resources. Because Aimoo Board has no control over such sites and resources, you acknowledge and agree that Aimoo Board is not responsible for the availability of such 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 Aimoo Board 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. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.

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. AIMOO BOARD 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. AIMOO BOARD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY AIMOO BOARD .

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIMOO BOARD 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 AIMOO BOARD 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.

14. 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 12 AND 13 MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to indemnify and hold Aimoo Board, and its subsidiaries, affiliates, officers, agents, employees, and contractors 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 to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

16. NOTICES

Notices to you may be made via either email or regular mail. Aimoo Board may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

17. MODIFICATION

We may amend this Agreement at any time by posting the amended terms on our site at http://www.aimoo.com/forum/agreement/agreement.cfm?id=307913. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications.

18. GENERAL

This Agreement constitutes the entire agreement between you and Aimoo Board with respect to the Service and supersedes all prior agreements and understandings between you and Aimoo Board. Aimoo Board's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement.

19. OFFICIAL LANGUAGE - ENGLISH

This AGREEMENT AND THE AIMOO BOARD site is developed in English and MAY BE
translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE AIMOO BOARD SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. AIMOO BOARD Inc. is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.

 

Close

--------------------------------------------------------------
"Time spent with your dog is never wasted."

Deoris
| Move to Top | Move to Bottom
 
2#



Status:
From: USA
Registered: 02/14/2003

RE:Terms of Service
(Date Posted:11/24/2007 11:57 AM)

RiverRatz, you are my hero. Thank YOU for your reply. I have no idea why the owners of Aimoo think this is some kind of top secret information when it clearly says they're not liable for any down time, but whatever. What I was looking for isn't covered by this, however. But that's exactly what I wanted to know. I appreciate your dilligence here.

--------------------------------------------------------------

JM_Runs
| Move to Top | Move to Bottom
 
3#



Rank:Silver Member
Status:
Score:229
Posts:229
From: USA
Registered: 05/20/2003

RE:Terms of Service
(Date Posted:11/24/2007 15:15 PM)

This is not the orignal aggrement, at least it is not the one from when I signed up four years ago. 

I dont know when this one above was last updated, it does not say. 

In any case, it would not protect Aimoo in court because the named party is "Aimoo Board", not "Aimoo.com" nor is it any person or licenced business entity.

You can't have an inforcable contract with a chair.  It has to be between two legal persons, be that two people, or a person and a corporation.  (Corps having, in the eyes of the law, a special type of personhood.)

Like most shrink wrap agreements this one is about worthless, for a number of basic legal reasons that have to do with contract law and the law of doing business interstate.   

If you were to get into a legal fight, Aimoo would be very hard pressed to try to inforce any part of this agreement, or to argue that any of the escape clauses they have grant to themselves give them ability to cercomvent the normal tort laws. 

I suspect your lawyer, if he is any good, would get this invalidated as one of your first strikes.

Deoris
| Move to Top | Move to Bottom
 
4#



Status:
From: USA
Registered: 02/14/2003

RE:Terms of Service
(Date Posted:11/25/2007 13:28 PM)

I was actually looking for the clauses and statements about the donation chest, but they aren't in there. They must have something somewhere else. If they don't, they're pretty stupid. Although I think that's been proved many times over at this point. I'm going to keep looking for it. I think my members should get their unused money back since the service they wanted is no longer offered. Aimoo refuses to address this issue (or give out TOS) so they have no protection as far as I can see.

--------------------------------------------------------------

Boss Mare
| Move to Top
 
5#



Status:
From: USA
Registered: 07/08/2003

RE:Terms of Service
(Date Posted:11/27/2007 14:05 PM)

Yeah...Right!! Good Luck!

--------------------------------------------------------------
"It is better to be hated for who you are then to be loved for who your not."

Hop to: 
<<Previous ThreadNext Thread>>
Page 1 of 1    

Quick Reply
Topic:
Comment:
(Allow UBB Code)
Subscribe to this topic and be notified when it is replied to by email.     Allow signature     

Sign Up | Create | About Us | SiteMap | Features | Forums | Show Off | Faq | Support
Copyright © 2000-2008 Aimoo free forum All rights reserved.