MeetingWave Terms of Service
Effective Date: August 15, 2007
Welcome to MeetingWave.com ("MeetingWave.com" or this "Web Site"). MeetingWave.com is a professional and social networking site that helps you find the people you want to meet in the places you're going to be. By posting an invite on MeetingWave.com using PostInviteTM, you can meet with new people, anytime and anyplace. MeetingWave.com is owned and operated by TTB Technologies, LLC ("we" or "TTB Technologies").
These Terms of Service govern your use of MeetingWave.com. By visiting MeetingWave.com or using any of its services (including the MeetingWave applications on Facebook, Bebo or any other web site), you expressly agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you must discontinue use of the Web Site and any of its services.
We reserve the right to modify these Terms of Service at any time by posting changes on this Web Site. We encourage you to check these Terms of Service frequently. Your continued use of this Web Site or its services or features (collectively, the "MeetingWave.com Services" or "Services") constitutes your acceptance of the current posted Terms of Service.
If you violate these Terms of Service, we may, at our discretion, terminate your membership, remove or modify the content you contributed, or take any other action that we determine to be appropriate.
MeetingWave.com Members. Any user can view and search the invites posted on MeetingWave.com. However, users who wish to post invites using the PostInvite service, respond to invites, contribute other content, or use our other Services are required to register as a MeetingWave.com member ("MeetingWave.com Member" or "Member"). There's no charge to become a MeetingWave.com Member, and registration is easy.
Only users who are at least 18 years old are eligible to become MeetingWave.com Members. By registering on our Web Site, you represent and warrant that you meet MeetingWave.com's age requirements.
To become a MeetingWave.com Member, you will be asked at the Web Site to select a username and password, and to provide your email address and name (name is optional). Members are identified on MeetingWave.com by their username. A Member's full name and email address are not directly disclosed to other Members and users, unless the Member includes this information in an invitation, comment, personal profile, or other public posting. You agree that the information that you provide to the Web Site will be true, accurate, current and complete, and that you will update it promptly for changes.
Members can post a personal profile which will be viewable by Members and users of the Web Site. Although posting a personal profile is optional, letting other Members and users know about your background helps other Members and users to decide whether they will accept your invitations, or confirm your acceptance of their posted invitation. Information that a Member may optionally include in his or her profile includes, without limitation, first name, occupation, employer, hometown, education, personal interests and beliefs, gender, age, and other information. A Member can edit his or her profile at any time.
We encourage you to carefully consider the information that you post on MeetingWave.com and that you provide to other users. The information that you post, including your personal profile, is visible to all MeetingWave.com users when you post an invitation or accept another Member's invitation. Accordingly, we recommend that you do not include your full name or other personally identifiable information in your Username, profile or any other posting. We encourage you to review our Safety Tips.
Password. You are responsible for safeguarding the password that you select for your MeetingWave.com Member account. You agree not to share your password with anyone. Any activities traceable to your username and password will be your responsibility, regardless of whether you authorized those activities.
Email Addresses/Mobile Phone Numbers. We use your email and/or mobile phone number to confirm the invitations you've posted or accepted, and to communicate with you about your MeetingWave.com account, including any content that you may have contributed to MeetingWave.com. We do not disclose your email address or mobile phone number to other Members without first giving you prior notice and an opportunity to opt out. We may also use your email or mobile phone number to provide other Services using voluntary email services that you request (such as email alerts and newsletters).
Members can invite friends and contacts to become Members by sending pre-invite emails using our automated invitation system. MeetingWave.com stores the email addresses to which a Member sends a pre-invite email, so that these recipients, if they later become Members, can be added to the inviting Member's friends list, and also to send reminders to these recipients of outstanding pre-invite emails. Members may also store email addresses of friends and contacts in their internal Member address book, and may also choose to send invitations and other communications to those addresses. MeetingWave.com does not sell the email addresses provided by a Member to use these MeetingWave.com Services, does not use these email addresses to send any other communications besides invitations and invitation reminders, and does not post these email addresses publicly on the Web Site. Recipients of a Member's invite email may contact MeetingWave.com at firstname.lastname@example.org to request the removal of their email address from our pre-invite database.
Payment Terms and Conditions. If you: (i) accept an invite for a proposed meeting and your acceptance is approved by the other member, (ii) send a meeting request to another member and the other member accepts, or (iii) purchase any other services that we offer for a fee, either on a one-time or subscription basis ("Paid Services"), you agree to be bound by and pay for that transaction (currently US $0.99 per acceptances/meeting request) (whether or not the meeting occurs). You agree to pay the applicable fees for the Paid Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Paid Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You may cancel your membership here.
Content Contributed by Members. MeetingWave.com Members can post an invite, send messages to other Members, respond to an invite, personalize their MeetingWave.com profile, or post a comment at any time (collectively, examples of "contributed content"). When you contribute content to MeetingWave.com, you represent and warrant that (a) you are the author and owner of the intellectual property rights in the contributed content, or otherwise have the right to use the contributed content, including the right to submit it to the Web Site, and (b) you grant to TTB Technologies a worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works from, delete, display, publish, distribute, and sell such contributed content, and to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you or any third party. You agree to waive any moral rights that you may have to your contributed content. You represent and warrant that none of your contributed content is subject to a confidentiality obligation.
You may edit or remove your contributed content from MeetingWave.com at any time. You acknowledge that TTB Technologies may delete any contributed content that in its sole judgment violates these Terms of Service or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. TTB Technologies assumes no responsibility for monitoring the MeetingWave.com Services for inappropriate content or conduct. If TTB Technologies chooses at any time, in its sole discretion, to monitor the MeetingWave.com Services, it nonetheless assumes no responsibility for the content on the Web Site, and no responsibility for the conduct of the user submitting such content.
You agree that you will not post content to MeetingWave.com that contains:
- Information that you know to be false, inaccurate or misleading;
- Language that is, in our sole judgment, defamatory, libelous, hateful or otherwise offensive, in our sole judgment;
- Personal information (such as full name, address, email address, or phone number) about another individual without that individual's express prior consent;
- Advertising or commercial content that is not relevant in the context including spam, junk or bulk email;
- Photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter;
- Viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system or data;
- Content for which you receive compensation or other consideration from a third party;
- Or content that, in our sole judgment, violates the standards of good taste or the standards of this Web Site.
Prohibited Activity. You agree, whether you are a Member or a non-registered user of this Web Site, that you will not:
- Use MeetingWave.com to further or promote any illegal activity or enterprise, including fraud, trafficking in obscene material, pornography, drug dealing, gambling, harassment, stalking, spamming, or distributing viruses or other harmful files;
- Use MeetingWave.com to harass, abuse or harm others;
- Impersonate or attempt to impersonate another MeetingWave.com Member or user;
- Sell or otherwise transfer a MeetingWave.com profile;
- Harvest or collect information about MeetingWave.com's users without their express consent;
- Solicit personal information from anyone under 18;
- Remove any copyright, trademark or other proprietary rights notices contained on MeetingWave.com or any material downloadable from MeetingWave.com;
- Frame MeetingWave.com, place pop-up windows over its pages, or otherwise affect the way MeetingWave.com is displayed, unless you have first received our express written permission;
- Use information found on MeetingWave.com to send spam;
- Or re-sell, decompile, reverse engineer, or disassemble MeetingWave.com, its contents or technology.
NO SPAM: You may not transmit any chain letters, spam, junk email or other unsolicited bulk emails or messages to other Members. In order to protect our Members from such advertising or solicitation, MeetingWave reserves the right to restrict the number of messages or acceptances which a Member may send to other Members in any 15 minute or other time period to a number which MeetingWave deems appropriate in its sole discretion. If you breach these Terms and send any chain letters, spam, junk email or other unsolicited bulk emails or messages of any kind through the MeetingWave Services, you acknowledge that you will have caused substantial harm to MeetingWave, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MeetingWave $50 for each individual occurrence of such unsolicited email or other unauthorized commercial communication you send through the MeetingWave Services or transmitted from or otherwise connected with your account. You also hereby agree to waive any privacy or other rights that might prevent or inhibit MeetingWave from obtaining your identity and any other information for the sole purpose of establishing or proving your violation of this Terms or otherwise enforcing the Terms.
Despite MeetingWave.com's rules regarding permitted content, content posted on the Web Site by Members (for example, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TTB Technologies assumes no responsibility or liability for this content. If you believe that someone is misusing the MeetingWave.com Services, please contact email@example.com.
MeetingWave.com's Proprietary Rights. The Web Site and Services are the property of TTB Technologies, and its licensors and suppliers, and are protected by U.S. and international copyright, trademark and other rights and laws. So long as you comply with these Terms of Service and are permitted by TTB Technologies to use the Web Site and Services, you may download from this Web Site one (1) copy of the information relating to a posted invitation to any single computer solely for your personal use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise authorized in advance by TTB Technologies, you agree not to reproduce, modify, rent, license, lease, loan, sell, transfer, distribute, or create derivative works based upon all or any part of the Web Site, Services, or any materials or other content made available through the Web Site.
Trade names, trademarks and service marks of TTB Technologies include without limitation: MEETINGWAVE; MEETINGWAVE.COM; MW; POSTINVITE; CONNECT WITH PEOPLE. ANYTIME. ANYPLACE.; THE HOW FOR WHO WHAT WHERE WHEN AND WHY; and all associated logos. All trademarks and service marks on the Web Site not owned by TTB Technologies are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any MeetingWave.com trade names, trademarks or service marks without our express prior written consent.
You hereby assign and agree to assign to TTB Technologies all your rights, including your intellectual property rights, in any new functionality, feature, modification or improvement to the Web Site or its Services, that relate to or result from your use of the Web Site and/or Services. You agree to take reasonable steps to assist TTB Technologies in securing and/or enforcing the assigned rights.
This Web Site and the MeetingWave.com Services are protected by U.S. Patent No. 6,963,900 and related applications.
Offline Conduct. Although we cannot monitor the conduct of users off the Web Site, it is a violation of the Terms of Service to use any information obtained from this Web Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his or her prior explicit consent.
Member Disputes. You are solely responsible for your interactions with other MeetingWave.com Members. We reserve the right, but are not obligated, to monitor disputes between you and other MeetingWave.com users.
Fees. You acknowledge that we reserve the right to charge for the MeetingWave.com Services and to change its fees from time to time in its discretion. If we terminate your membership because you have breached these Terms of Service, you will not be entitled to the refund of any unused portion of the fees paid.
Other Unauthorized Uses of This Web Site. You agree that you will not use any data mining, robot, or similar data gathering or extraction tool, whether automated or manual, to monitor or copy the Web Site's content without our prior written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site. Illegal and/or unauthorized uses of the Web Site will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
For any breach of a portion of these Terms that does not specifically state a liquidated damages amount, You hereby agree that any breach of these Terms shall result in liquidated damages of $500 per each individual occurrence. You specifically agree to pay this $500 in liquidated damages.
If we are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if we are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs. You further agree to waive any privacy or related rights against us or any other party to allow us to discover evidence including Your identity and use of MeetingWave or its Services solely for the use in establishing or proving your violation of the Terms or otherwise enforcing the Terms.
Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MeetingWave.com's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Web Site;
- Your address, telephone number, and email address;
- A 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MeetingWave.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
TTB Technologies, LLC
51 Forest Avenue
Old Greenwich, CT 06870
By email: firstname.lastname@example.org
USE VOID WHERE PROHIBITED. Use of the Web Site is void where prohibited.
DISCLAIMERS. TTB TECHNOLOGIES DOES NOT PROMISE THAT THE WEB SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT USE OF THE WEB SITE OR ANY OF ITS SERVICES, CONTENT, SEARCHES, OR LINKS WILL PRODUCE ANY PARTICULAR RESULT. THE WEB SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TTB TECHNOLOGIES DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WE CANNOT ENSURE THAT MATERIALS THAT YOU ACCESS OR DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
TTB TECHNOLOGIES disclaims any and all liability for the acts, omissions, and conduct of MeetingWave.com MEMBERS, users, AND/OR OTHER THIRD PARTIES in connection with the Web Site or Services, or otherwise related to your use of the Web Site or Services. WE ARE not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Web Site or Services. Without limiting the foregoing, you may report the misconduct of users or third parties referenced on or included in the Web Site to MeetingWave.com at email@example.com or flag improper public invites for our attention. WE may investigate the claim and take appropriate action, at our sole discretion.
THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU ARE SUBJECT TO THESE LAWS, SOME OR ALL OF the ABOVE DISCLAIMERS may NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION ON LIABILITY. IN NO EVENT WILL TTB TECHNOLOGIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF MEETINGWAVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEETINGWAVE.COM'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE WEB SITE AND/OR SERVICES SHALL NOT EXCEED THE GREATER OF USD $25.00 OR THE AMOUNT, IF ANY, PAID BY YOU TO TTB TECHNOLOGIES FOR RECEIPT OF THE SERVICES. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN WHICH CASE THE FOREGOING PROVISIONS WOULD NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold TTB Technologies, our directors, officers, founders, employees, consultants, agents, affiliates, licensors, suppliers, advertisers and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from (a) your breach of these Terms of Service; (b) any allegation that any materials you post on the Web Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Web Site or Services.
Injunctive Relief. You agree that monetary damages may not provide a sufficient remedy to MeetingWave.com for violations of these Terms of Service and you consent to injunctive or other equitable relief for such violations.
Disputes. If there is any dispute about or involving the Web Site or Services, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of New York, County of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Service is found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity of the remaining provisions.
Assignment. You agree that these Terms of Service and all agreements and information incorporated herein may be automatically assigned by TTB Technologies, in its sole discretion, to a third party without notice to you. You may not assign your obligations under these Terms of Service to a third party.
Miscellaneous. These Terms of Service are accepted upon your use of the Web Site or the Services, and are further affirmed when you become a Member. By using this Web Site, you represent and warrant that you have the right, authority, and capacity to abide by these Terms of Service. The failure of TTB Technologies to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity or enforceability of the remaining provisions.
Contact Us. If you see objectionable content or have any questions about these Terms of Service, please contact TTB Technologies at firstname.lastname@example.org.