About Renkoo
Renkoo Terms of Use
This document was last revised on November 30, 2007.
Introduction
Welcome to Renkoo, Inc. ("Renkoo"), an application and service to help people chat and plan events with friends. By using Renkoo's Web site (the "Site") and Renkoo's ancillary services (collectively, the "Service"), you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Renkoo. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Site or Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Users and Security
Upon completing the Renkoo registration process, you will have a password and user name, and be considered a user. You are fully responsible for maintaining the confidentiality of the password and user name. You agree to (a) immediately notify Renkoo of any unauthorized use of your password or user name, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Renkoo is not liable for any loss or damage arising from your failure to comply.
Eligibility
You must be at least the age of 13 or older to register as a user of Renkoo or use the Site or Service. Using the Site or Service is void where prohibited. By using the Site or Service, you represent and warrant that you are 13 years of age or older, have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Duration
This Agreement will remain in full force and effect while you use the Site or Service and/or are a Renkoo user. Renkoo may terminate your user status for any reason, at any time. Even after user status is terminated, this Agreement will remain in effect.
User Disputes
You are solely responsible for your interactions with other Renkoo users. Renkoo reserves the right, but has no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Click [here – link to Privacy Policy] to view the Renkoo Privacy Policy, which also governs use of the Site or Service. By using the Site or Service, you are consenting to have your personal data transferred to and processed in the United States.
Non-commercial Use
Except as expressly authorized by Renkoo or its advertisers, the Site and Service are for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become users and should not use the Site or Service for any purpose.
Content Policy
You are solely responsible for your conduct and any activity that occurs under your user name. This includes, but is not limited to, any information, design, data, text, communication, screen names, graphics, photos, profiles, audio and video clips, and links (collectively " User Content") that you submit, publish, or display (collectively "Post") on the Site or otherwise through the Service, or transmit to other users.
We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or this Agreement.
By posting User Content to any area of Renkoo, you automatically grant, and you represent and warrant that you have the right to grant, to Renkoo an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of them.
Standards and Conduct
You acknowledge that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you are entirely responsible for all User Content that you post, email or otherwise transmit via the Site or Service. You understand that by using the Site or Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any inaccuracies, errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site or Service.
You agree not to:
- Post, transmit, or otherwise make available, through or in connection with the Site or Service:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any material that you do not have a right to transmit 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).
- Use the Site or Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about Renkoo users.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- Interfere with or disrupt the operation of the Site or Service or the servers or networks used to make the Site or Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site or Service, including without limitation by hacking or defacing any portion of the Site or Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site or Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Use the Site or Service to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Site or Service in a commercial manner.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Site or Service.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Site or Service any directory of Renkoo’s users or usage information or any portion thereof other than in the context of your use of the Site or Service as permitted under these Terms of Use.
- Attempt to gain unauthorized access to the Site or Service, other accounts, computer systems or networks connected to the Site or Service, through password mining or any other means.
- Remove any copyright, trademark or other proprietary rights notice from the Site or Service or Content or Materials originating from the Site or Service.
- Frame or mirror any part of the Site or Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Site or Service.
- Create a database by systematically downloading and storing content from the Site or Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or other material from the Site or Service or reproduce or circumvent the navigational structure or presentation of the Site or Service.
- Engage in any other conduct which, in Renkoo’s sole discretion, is considered inappropriate, unauthorized or objectionable.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Site or Service. Your use of the Site or Service is subject to all applicable local, state, national and international laws and regulations.
No “Spamming”
You must not use any feature of the Site or Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Renkoo. If you use any feature of the Site or Service for the purpose of sending Spam, Renkoo reserves the right to immediately terminate your access to the Site or Service and to seek appropriate legal recourse, as necessary. If you believe that other users are using the Site or Service for Spam, please notify Renkoo via email at feedback@renkoo.net with specific information regarding the user and the Spam occurrence you wish to report.Third Party Web Sites and Content
The Site contains (or you may be sent through the Site or Service) links to other web sites ("Third Party Sites") including without limitation articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site or Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that Renkoo’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or Service or relating to any applications you use or install from the third party site.
Proprietary Rights Policy
You acknowledge and agree that the Site, Service and any software and application programming interfaces used in connection with them ("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 and information presented to you through the Site or Service and advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Renkoo or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, Service or on the Software, in whole or in part. Except for information in the public domain, your User Content, or if you have been given written permission by Renkoo, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Site Content.
Renkoo owns and retains all proprietary rights in the Site and Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Renkoo, and its licensors. The Renkoo trademarks and service marks and other Renkoo logos and product and Service names are all proprietary marks of Renkoo, Inc. (the "Renkoo Marks"). Without Renkoo's prior permission, you agree not to display or use in any manner, the Renkoo Marks. The name "Renkoo" may not be used to endorse or promote products derived from the Site or Service without Renkoo’s prior written permission.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Claims of copyright infringement should be sent to Renkoo via email at feedback@renkoo.net , care of Renkoo Copyright Agent. Please include with specificity the location and details of the infringing works, your rights to the works and your contact information.
Disclaimers
THE SITE AND THE SERVICE ARE PROVIDED "AS-IS" AND RENKOO EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. RENKOO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR SERVICE. RENKOO DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY ADVERTISER’S MATERIAL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE OR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Renkoo is not responsible for any incorrect or inaccurate User Content or Site Content, posted on the Site or in connection with the Service, whether caused by Renkoo users or by any of the equipment or programming associated with or utilized in the Site or Service. Renkoo reserves the right to change any and all content, software and other items used or contained in the Site and any Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Renkoo.
Renkoo assumes no responsibility for any error, interruption, omission, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Renkoo is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer or phone equipment, software, or email systems, due to technical problems or traffic congestion on the Internet or at any web site or combination thereof, including without limitation, injury or damage to users or to any other person's computer related to or resulting from using the Site or Service. The Site or the Service may be temporarily unavailable from time to time for maintenance or other reasons.
Under no circumstances is Renkoo responsible for any loss or damage, including without limitation personal injury or death, resulting from anyone's use of the Site or Service, any User Content Posted or transmitted to users, or any interactions between users. No advice or information, whether oral or written, obtained by a user from Renkoo or through or from the Site or Service shall create any warranty not expressly stated herein.
Limitation on Liability
IN NO EVENT WILL RENKOO OR ITS DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RENKOO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RENKOO FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE RENKOO’S LIABILITY TO YOU EXCEED $1,000 (USD). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO RENKOO FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Disputes
By using the Site and Service, you agree that the laws of the State of California, without regard to its conflict of law provisions, will govern these Terms of Use and any dispute of any sort that might arise between you and Renkoo or any of our affiliates. You agree not to commence or prosecute any action in connection other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Indemnity
You agree to indemnify and hold Renkoo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, Software or Content you Post on the Site or Service, your use of Site or Service, your conduct in connection with the Site or Service, or with other Renkoo users, or any violation of this Agreement or of any law or the rights of any third party.
General Practices Regarding Use and Storage
Renkoo may establish general practices and limits on use of the Site or Service, and Renkoo reserves the right to modify these general practices and limits from time to time. These practices and limits may include, without limitation, the maximum number of days that email messages and Content are retained by Renkoo, the maximum number of email messages that may be sent from or received by a user, the maximum size of any email message that may be sent from or received by a user, the maximum disk space that will be allotted on Renkoo's servers on behalf of a user, and the maximum number of times (and the maximum duration for which) a user may access the Site or Service in a given period of time.
Renkoo has no responsibility or liability for the deletion or failure to store any messages, communications, and Content maintained or transmitted by the Site or Service. Renkoo also reserves the right to log off accounts that are inactive for an extended period of time.
Modifications to Service
Renkoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice. Renkoo is not liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Service (or any part thereof).
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or 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 you and such advertiser. Renkoo is not 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 Site or Service.
No Agency
There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Renkoo and any user of the Site or Service.
Other
These Terms of Use contain the entire agreement between you and Renkoo regarding the use of the Site or Service, superseding any prior agreements between you and Renkoo relating to your use of the Site or Service. The failure of Renkoo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Contacting Renkoo
If you have any questions about these Terms of Use, the practices of Renkoo including any of our ancillary services, or your dealings with this Site, please contact us at feedback@renkoo.net.
