The following terms and conditions apply to all Users of the JClickParty services (the "Service") being offered by Click Events, Inc. ("Site Owner"), whose headquarters is at 2526 Mt. Vernon Road, Suite B-136, Dunwoody, Georgia 30338. ("Site Owner Location"). Your registration for JClickParty signifies your membership in the Service (a "Member"). Your acceptance of these terms and conditions at the end of this document signifies your understanding that you are entering into a legal agreement ("Agreement") with Click Events, Inc. You also agree to abide by its terms and conditions as long as you are a Member of the Service.

The terms of this Agreement are subject to change at any time by Click Events, Inc. and are effective upon written notice to you.

You or the Site Owner may terminate your membership in the Service for any reason, at any time, without any explanation, effective immediately upon the sending of written notice to the other party. The Site Owner also reserves the right to block your access to the Service, without notice, upon notification of any breach of this contract by you. Your termination of your membership will forfeit any unused balance of your prepaid Subscription Charges.

1. Member Eligibility. To qualify as a registered Member, you warrant and represent that all information which we collect from you during the registration process (including subsequent changes to personal information and subscription renewals) is factual and accurate, that any photo that you submit representing your likeness is in fact your likeness, that you have the right, authority and capacity to enter into this Agreement, and that you know of no limitation or restriction that would adversely affect the enforceability of this Agreement. The Site Owner reserves the right to terminate this Agreement and your access to the Site upon any discovery that you have supplied any information that is not factual or accurate or the submission of any photo that does not represent your likeness.
   
   MINORS MAY NOT BECOME members. By becoming a Member, you represent and warrant that you are at least 18 years old.



2. Subscription Charges. After the conclusion of any complimentary trial membership that you may be offered, your membership offering complete access to all Site features and functionality (including chat rooms and emailing other members) is conditional upon prepayment of the monthly subscription charges for the duration of your membership. If for any reason such prepayments are not made or are cancelled, your status as a registered Member may be terminated immediately without notice.



3. Purchase Terms. The following terms apply in the event you purchase a subscription from JClickParty.
   
   All purchases are final. No refund will be given for any unused portions of your subscription term.
   
   JClickParty guarantees that any emails originated by the Subscriber via the JClickParty system will be processed by the JClickParty system and sent to the intended email addressee. JClickParty does not warrant any kind of response from the intended email addressee.
   
   If the Subscriber suspends or cancels his/her subscription, no refund will be given for any unused portion of the subscription. Additionally, no refund will be given in the event the Subscriber violates the JClickParty Terms and Conditions of Service and has his/her subscription privileges suspended or terminated.
   
   Agreement to this subscription authorizes JClickParty to automatically renew Subscriber's subscription at the expiration of its term at the renewal rate effective at the time of the renewal.
   
   You will be notified 7 days before the expiration of your subscription term via the email address on your JClickParty profile that your subscription will expire; will automatically be renewed; and the subscription term renewal rate.
   
   If you do not decline your subscription renewal before your subscription expiration date by following the instructions in the notification email, your subscription renewal will be processed at the expiration of the current subscription.



4. System Verification. To use the Service, your computer system must meet certain criteria. In order to confirm that your system has the requisite hardware and software, you agree to allow Click Events, Inc. to verify that your system satisfies the criteria.
   
   At any time while this Agreement is in effect, you must provide a valid and functioning electronic mail address which accepts mail sent by the Site Owner or its service providers. You may update your email address on the Site via the Member Services Section, but any notice sent to the address last furnished by you, will be deemed to have been received by you, whether or not it is actually received.



5. Term. Unless otherwise terminated by you or the Site Owner, this Agreement will remain in full force and effect for the period for which you have registered (including any subsequent renewals), and also will apply under any circumstances that you might access or use any of the services offered, whether or not you are a registered Member.


If your membership is terminated for cause (including but not limited to any material breach of this Agreement), any unused balance of your prepaid User charges will be retained by the Site Owner and you will be subject to any and all further damages or other remedies for which you may be liable under law (such forfeiture constituting an offset and not in any way an exclusive remedy or limitation on the amount of recovery).

Under any circumstances in which your membership is terminated, certain provisions of this Agreement will remain in force and effect thereafter, including sections 5 and 9-12.


6. Intellectual Property Rights. Your right as a registered Member to access and use any of the services offered does not include any transfer to you of any ownership rights of any intellectual property. You hereby agree not to infringe or misuse any property, including but not limited to any copyrights or trademarks related to the Services offered. You may not modify, copy, publish, transmit, distribute, perform, display, license, or sell any material that you obtain from the Services offered, except for property and/or information that is in the public domain or for which you have been given written permission to utilize.



7. Privacy. Any information collected during your registration or your use of the Service is recorded and fully accessible to the Site Owner and other parties authorized to participate in the providing of such services. All information that you submit for exchange with or display to other members will be considered Public Information and not subject to any confidentiality, privacy, or restrictions as to its use.


The Site Owner will take all reasonable measures to prevent a disclosure of any Non-Public Information collected as part of your registration and any subsequent renewals above and beyond what may be necessary for the performance of this Agreement. The Site Owner shall not be liable for any loss or damages arising from any release or use of such information.

All information collected by the Site Owner shall be subject to disclosure to the extent required by law as applied to the Site Owner or any other entity in possession. Your submission of any content to the Member accessible portions of the services automatically grants the Site Owner, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Please see our Privacy Policy for more details concerning confidentiality.


8. Restricted Uses Of The Service. You will not use any of the services for any purpose that is not authorized by this Agreement, whether or not it is expressly prohibited in these Terms:
   
   
   • You will not identify yourself as any person other than yourself.
   • You will not in any way harass any other person using the Service.
   • You will not send electronic mailings in bulk or in mass quantities. You will not transmit chain letters or "junk email" to other members. The Site Owner may restrict the amount of emails that a Member may send in a 24-hour period to a number deemed appropriate by the Site Owner at its sole discretion.
   • You will not use any manual or automatic device or process to "data mine," retrieve, index, or in any way replicate, circumvent, or later the navigational structure or representation of the Service or its contents.
   • You will not initiate any advertising, marketing, promotion, or solicitation for the benefit of any business, trade, or profession.
   • You will not submit, distribute or replicate in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior consent of the owner(s) of such proprietary rights.
   • You will not solicit any donations to, support for, or membership in any charity, political party, or other organization not affiliated with the Service.
   • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
   • You will not engage in any gambling or games of chance.
   • You will not attempt to interfere with or disrupt the Service or the servers or networks connected to the Service.
   • You will not initiate the buying or selling of any goods or services (other than those offered by the Service).
   • You will not submit, email or in any other way transmit any material that contains software viruses or any other computer code, files or programs designed to suspend, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
   • You will not engage in, conduct, or solicit any activity that either is illegal or is subject to registration or regulation by the laws in your local jurisdiction or in the local jurisdiction of other members you are communicating with.
   • You will not forge headers or otherwise manipulate any identifiers in order to disguise the origin of any information transmitted through the Service.
   • You will not "frame" or "mirror" any part of the Service, without the expressed, prior written authorization of the Site Owner. You also shall not use meta tags or code or other devices containing any reference to the Site Owner or the Service in order to direct any person to any other Web site for any purpose.
   • You may not engage in any activity, whether or not intended, that interferes with or adversely affects any systems operating the Service, and you will not obtain or attempt to obtain unauthorized access to any system, data base, or other property of the Site Owner or any other person participating in the use of the Service.
   • You will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
   • You will not include in the Public Information areas of your profile any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where asked for it in the Non-Public Information section.
   • You may not use any data collected from the Service offered, including but not limited to Member identifications or directory information, for any use other than your membership in connection with the Services. You are expressly prohibited from using any such data to create any mailing lists, directories, or similar databases for any other purposes.
   • You may not participate in the submission, transmission, or distribution of Prohibited Content, as defined below.


9. Prohibited Content. Prohibited Content is defined as any material in any form that:



• Harasses or advocates harassment of another person.
• Consists of, promotes or depicts any activities that are abusive, threatening, or defamatory.
• Consists of, promotes or depicts any activities that are illegal.
• Is in any way obscene, pornographic, or sexually explicit.
• Initiates a good faith complaint by any viewer, recipient, or Member.
• Contains any known computer virus or feature that is intended to or is likely to disrupt the operation of the Service, any Site Owner's system, or the computer systems of other members.
• Constitutes a violation of any aspect of this Agreement.

Whether any material is defined as Prohibited Content will be determined solely by the Site Owner or any other applicable participants in providing the Service.


10. Disclaimers. The Site Owner is not responsible for any of the following in connection with the Service offered:



• Incorrect or inaccurate content in any listing, exchange, or messaging, whether caused by members or by any malfunction of the software or hardware utilized in providing the Service.
• Any online or offline conduct of any Member.
• Any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line or hardware failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
• Any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Member or to any other person's computer.
• Creating, preserving, or allowing you access to any data concerning the content or activity involved in using the services.
• The Site Owner will not be responsible, under any circumstances, for any losses or damages, including personal injury or death, resulting from anyone's use of the Service, and any content posted on the Service or transmitted to members.
• The Site Owner offers the Service "AS IS," and grants no warranties of any kind, expressed, implied, statutory, in any communication with the Site Owner or its representatives, or otherwise with respect to the service. The Site Owner specifically disclaims any implied warranties of merchantability fitness or a particular purpose, or non-infringement. The Site Owner does not warrant that your use of the Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. The Site Owner disclaims liability for, and no warranty is made with respect to, connectivity and availability of the Service.


11. Limitation on Liability. In no event will the Site Owner be liable to you or any third person or party for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Services, even if the Site Owner has been advised of the possibility of such damages.
    
    Notwithstanding anything to the contrary contained herein, the Site Owner'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 received by the Site Owner, if any, from you for the Service during the term of your subscription.


The Site Owner does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts or endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by individuals or parties other than the Site Owner.


12. Indemnity. You agree to indemnify the Site Owner, officers, directors, employees, agents, and other persons or parties involved in marketing or providing the Service from any and all expenses or liabilities (including reasonable attorney fees) arising from any claims brought by third parties, you or your representatives, arising from your use or reliance on the Service, including:
    
    (i) your breach of this Agreement;
    (ii) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
    (iii) your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
    
    
13. Third Party Providers. The Site Owner is providing the Service to you by means of assistance from third party service providers, including but not limited to Click Events, Inc. All rights, privileges, and protections provided to the Site Owner under this Agreement shall also be for the benefit of, and enforceable by, such service providers.


14. Trademark Notices. JClickParty is a trademark of Click Events, Inc. All other trademarks, logos, service marks, company or product names set forth in this Website are the property of their respective owners.



15. Complaints. To resolve a complaint regarding the Service, you should first contact JClickParty Customer Support by clicking on the "Contact Us" button. In Georgia, you may also contact the Governor's Office of Consumer Affairs at 2 Martin Luther King Jr. Dr., Suite 356, Atlanta, GA 30334 - (800) 869-1123.



16. Other. This Agreement contains the entire agreement between the parties regarding the use of the Service offered. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia. The parties expressly consent to personal jurisdiction within the State of Georgia and further agree that any action arising out of this agreement can only be brought in the State or Superior Court of Fulton County or the Federal District Court in the Northern District of Georgia.

Last Update: 8/25/03