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Welcome to InstantChem.com. In order to use the InstantChem.com
Site ("Site") and/or attend a Social Club Event ("Event"), you
(hereinafter You or Yours or User) must register as a member of the Site
("Member") and agree to be bound by these Terms of Service (“Agreement”),
located at www.instantchem.com/help/tos.aspx . If you
wish to become a Member and communicate with other Members and make use of the
InstantChem.com service (“Service”) read these Terms of Service and follow
the instructions in the Registration process.
This Agreement sets out the legally binding terms for your membership.
InstantChem.com reserves the right to update and change, from time to time,
this Agreement and all documents incorporated by reference. You can always find
the most recent version of this Agreement at the URL indicated above.
The service may be temporarily unavailable from time to time for maintenance or
other reasons. InstantChem.com is not responsible for any disruptions, errors,
delays, information, quality, content, accuracy, or any other aspect of the
information provided by the Site.
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Eligibility. You must be eighteen or over to
register as a member of InstantChem.com, use this Site or attend an Event.
Membership in the Service is void where prohibited. By using this Siteor
attending an Event, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. |
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| 2. |
Term. This Agreement will remain in full force
and effect while you use the Site and/or are a Member of InstantChem.com. You
may terminate your membership at any time, for any reason by following the
instructions on the Subscription section in My Account, or upon receipt by
InstantChem.com of your written or email notice of termination; however, any
pre-paid membership fees will not be refunded. InstantChem.com may terminate
your access to the Site. InstantChem.com may terminate your membership for any
reason effective upon sending notice to you at the email address you provide in
your application for membership or such other email address as you may later
provide to InstantChem.com. If InstantChem.com terminates your membership in
the InstantChem.com Service because you have breached the Agreement, you will
not be entitled to any refund of any unused subscription fees. Even after this
Agreement is terminated, certain provisions will remain in effect including
sections 7, 8, 10, 13-17 inclusive, of this Agreement |
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| 3. |
Member Information
As a condition for using the Service, you agree to provide true, accurate,
current and complete information about yourself as prompted during the
registration process; and to maintain and update your account information to
keep it true, accurate, current and complete.
If any information provided by you is found to be untrue, inaccurate,
non-current or incomplete, we reserve the right to terminate your account and
refuse any and all current or future use of the InstantChem.com Service.
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Payment Term |
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General Terms
In order to subscribe to the Service or attend an Event, you will need to save
your credit card, billing and shipping information and other information. The
credit card that you provide will automatically and immediately be billed. All
currency references are in U.S. dollars. |
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b. |
Payment for Subscription
Payment for Service occurs on a pre-pay basis and payment will be automatically
renewed at the end of the term. Your billing term will depend upon which
subscription plan you choose. Please note: If you have received a free
offer for a specific number of days, then you will not be charged for the first
time until after your free time period has ended. Also note, payments for
subscriptions are non-refundable |
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c. |
Termination
If your credit card is invalid for any reason, your subscription will be
suspended or cancelled immediately and all the information contained within it
may be deleted permanently. InstantChem.com accepts no liability for
information that is deleted due to an invalid credit card. |
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| 5. |
Reservation of Rights
InstantChem.com expressly reserves the right to immediately modify, suspend or
terminate without refund Member’s account and refuse current or future use, if
InstantChem.com, in its sole discretion believes Member has: (i) violated or
tried to violate the rights of others; or (ii) if we become aware of
information indicating a safety concern for you, other Users, or the general
public, or (iii) acted inconsistently with the spirit or letter of these Terms
of Service. InstantChem.com could also pursue violators with claims that they
have violated various criminal and/or civil laws as applied by the relevant
jurisdiction. InstantChem.com will cooperate with any investigation by any
Federal, State, or local body or any court or tribunal legitimately exercising
its rights. Such cooperation may be without notice to You. If InstantChem.com
believes in its sole discretion that any account may create liability for
InstantChem.com, InstantChem.com may take any actions that it believes are
prudent or necessary to minimize or eliminate its potential liability,
including but not limited to, the release of User information. In sum,
InstantChem.com reserves the right to refuse service to anyone at any time, and
to remove any profiles for any reason, and without notice.
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| 6. |
Non Commercial Use by Members.The
InstantChem.com Site is for the personal use of individual Members only and may
not be used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not become Members of InstantChem.com and
should not use the InstantChem.com Service or Site for any purpose. Illegal
and/or unauthorized uses of the Site, including unauthorized framing of or
linking to the Site will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive redress. |
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| 7. |
Proprietary Rights in Content on InstantChem.com.
InstantChem.com owns and retains other proprietary rights in the
InstantChem.com Site and the InstantChem.com Service. The Site contains the
copyrighted material, trademarks, and other proprietary information of
InstantChem.com. Except for that information which is in the public domain or
for which you have been given permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information. |
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| 8. |
Content Posted on the Site.You understand that
InstantChem.com is a venue only and does not screen or censor or otherwise
control the Users of its service. InstantChem.com posts all profiles without
explicit knowledge of and/or about the person who submitted the profile or
profiles and does not assume responsibility for the content or context of the
user areas.
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a. |
You understand and agree that InstantChem.com may delete any
content, messages, photos or profiles (collectively, "Content") that in its
sole judgment violate the Terms of Service or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
others. |
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b. |
You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the InstantChem.com Site, or transmit to other
Members. |
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c. |
By posting Content to any public area of InstantChem.com, you
automatically grant, and you represent and warrant that you have the right to
grant, to InstantChem.com, and other Members, 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.
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d. |
The following is a partial list of the kind of Content that is
illegal or prohibited on the Site. InstantChem.com will investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the Membership of such
violators. It includes Content that:
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Is considered by a reasonable person to be obscene or offensive, such as
Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission or facilitation of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
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promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
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promotes unauthorized use of material protected by another person’s patent,
copyright, trademark or other intellectual property, such as providing pirated
computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
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contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page) ;
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displays pornographic or sexually explicit material of any kind;
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provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
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provides instructional information about illegal activities such as making or
buying illegal weapons or controlled substances, violating someone’s privacy,
or providing or creating computer viruses;
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solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and,
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engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes
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e. |
You must use the Service in a manner consistent with any and all applicable
laws and regulations. It is Your responsibility and you agree to comply with
all requirements, legal or other.
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f. |
You may not include in your Member profile any personal identifying information
such as telephone numbers, street addresses, last names, URL's, and email
addresses, passwords, credit card information or other financial information.
Even though all of this is strictly prohibited, there is a small chance that
You might become exposed to such items and You further waive Your right to any
damages (from any party) related to such exposure.
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g. |
You may not engage in advertising to, or solicitation of, other Members to buy
or sell any products or services through the Service. You will not transmit any
chain letters or junk email to other Members. Although InstantChem.com cannot
monitor the conduct of its Members off the Site, it is also a violation of
these rules to use any information obtained from the Service in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent.
InstantChem.com reserves the right to restrict the number of emails that a
Member may send to other Members.
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| 9. |
Copyright Policy.You may not post, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining 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 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 our 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; 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.
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Member disputes. You are solely responsible for
your interactions with other Members. InstantChem.com reserves the right, but
has no obligation, to monitor disputes between you and other Members.
In the event that You have a dispute with one or more Users, You hereby
release, InstantChem.com, their affiliates, officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service. If You are a California resident, You waive
California Civil Code Section 1542, which says "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
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| 11. |
Bonus Program. The Bonus Program rewards
subscribers who refer other new Members. InstantChem.com reserves the right to
change the terms of the bonus program at any time without any prior notice. |
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a. |
In order to qualify for the bonus program, referrals must be new members (i.e.
no prior registration on file at InstantChem.com using the same username or
email address) and the username of the referring member must be included on the
initial registration page. Qualifying referrals and persons receiving bonus
must be paying subscribers in good standing at the time of bonus accrual.
Qualifying referrals must be new members who have not been referred by any
other party. If either the referral or the referring member cancels his or her
subscription, no further bonuses will be accrued to the referring member for
that any referral.
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b. |
If a referral cancels his or her subscription at any time during
the first 24-month bonus period, no further bonuses will be accrued to the
referring member. If a referring member cancels his or her subscription, all
current and future obligations to pay bonuses for existing referrals are
immediately cancelled.
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c. |
Referral bonuses will accrue monthly and will be paid quarterly.
Each time you receive a bonus payment, an email will be sent to the email
address registered with your InstantChem.com account.
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| 12. |
Privacy. Use of the Site and/or the Service is
governed by our Privacy Policy |
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| 13. |
Disclaimers. You agree that use of the Service
and attendance at Events is at User’s sole risk. InstantChem.com is not
responsible for any incorrect or inaccurate Content posted on the Site or in
connection with the Service, whether caused by Users, Members or by any of the
equipment or programming associated with or utilized in the Service, nor for
the conduct of any User and/or Member of the Service whether online or offline.
InstantChem.com makes no representations or warranties about the people
attending its Events. It is Your responsibility to verify the background
of people you meet or inforation you receive. InstantChem.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, User and/or Member communications.
InstantChem.com is not responsible for any problems or technical malfunction of
any telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any website or
combination thereof, including injury or damage to Users and/or Members or to
any other person's computer related to or resulting from participating or
downloading materials in connection with the Site and/or in connection with the
Service. Under no circumstances will InstantChem.com be responsible for any
loss or damage resulting from anyone's use of the Site or the Service and/or
any Content posted on the Site or transmitted to Members. The Site and the
Service are provided on an "AS-IS" and on an “AS-AVAILABLE” basis and
InstantChem.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. InstantChem.com cannot guarantee and does not
promise any specific results from use of the Site and/or the Service.
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Limitation on Liability. User understands and agrees
that any information, material, and/or goods or services obtained through the
Service is done at User’s own discretion and risk and that user will be solely
responsible for any damage resulting from any transaction. Except in
jurisdictions where such provisions are restricted, in no event will
InstantChem.com be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Site or the Service, even if
InstantChem.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, InstantChem.com’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
InstantChem.com for the Service during the term of membership. |
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| 15. |
Disputes.If there is any dispute about or
involving the Site and/or the Service, by using the Site, you agree that the
dispute will be governed by the laws of the State of California without regard
to its conflict of law provisions. You agree to personal jurisdiction by and
venue in the state and federal courts of the State of California, City of Los
Angeles. User agrees 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
these Terms of Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred. |
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| 16. |
Indemnity. You agree to indemnify and hold
InstantChem.com, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of your use of the Service in violation of this Agreement and/or arising
from a breach of these Terms of Service and/or any breach of your
representations and warranties set forth above. |
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| 17. |
Other. These Terms of Service and the
relationship between User and InstantChem.com shall be governed by the laws of
the State of California without regard to its conflict of law provisions. This
Agreement, accepted upon use of the Site and further affirmed by becoming a
Member of the InstantChem.com Service, contains the entire agreement between
you and InstantChem.com regarding the use of the Site and/or the Service. The
failure of InstantChem.com to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect. The section titles in
these Terms of Service are for convenience only and have no legal or
contractual effect. |
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Contact Information. InstantChem.com may be reached by mail at 2001 S.
Barrington Ave. Suite 100, Los Angeles, CA 90025, USA or by email at support@instantchem.com.
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