Attendi Inc. ("Attendi") welcomes you to its Web site located at www.Attendi.com (the "Site"), a new way to find people and share experiences with them online. The following Terms and Conditions govern your use of the Site. Please take a moment to review them. When you access, view, submit, or use the content, material, or services available on or through the Site you agree, on behalf of yourself and any company or organization on whose behalf you act, that you have read and that you understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them.
If you do not agree to these Terms and Conditions, or if you are under the age of 13, you are not granted permission to use the Site and must exit immediately. Please be aware that the Site is a general audience web site, not directed to children under the age of 13, and must not be used by children under 13. Attendi and the Site take important measures to comply with the Children's Online Privacy Protection Act (COPPA).Attendi provides users ("you") with access to Attendi.com (the "Service"). The Service may include advertisements, which are necessary for Attendi to provide the Service. The Service may include certain communications from Attendi, such as service announcements, administrative messages and other communications, and these communications are considered part of Attendi membership. You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service also shall be subject to these Terms and Conditions.
Please be aware that Attendi may designate that certain areas on the Service contain adult or mature content. You must be at least 18 years of age to access and view such areas.
After you have completed registering for the site by creating a username and password, you will recieve an email to activate your account. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Attendi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Attendi cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.The Site allows you to contribute text, videos, personal listings, music, sound, photographs, graphics, messages, data, postings, and other materials and information for access, use, and commentary by other visitors to the Site. Attendi does not guarantee the accuracy or completeness of, and cannot be responsible for, any content or postings submitted by users of the Site.
By submitting text, videos, personal listings, music, sound, photographs, graphics, messages, data, postings, and other materials and content ("User Materials") to or using the Site, you represent that you have the full legal right to provide the User Materials. You also represent that your activities on the Site and the use of your User Materials by the Site and by all other visitors will not:
(a) infringe the intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
(b) violate any law, statute, ordinance, or regulation;
(c) be defamatory, libelous or trade libelous, unlawfully threatening, unlawfully harassing, harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically, or otherwise objectionable;
(d) be obscene, child pornographic, indecent, or harm minors in any way;
(e) violate any community or Internet standard;
(f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing;
(g) result in product liability, tort, breach of contract, personal injury, death, or property damage;
(h) constitute misappropriation of any trade secret or know-how;
(i) constitute disclosure of any confidential information owned by any third party;
(j) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Upon your submission of User Materials or other material or information to Attendi, you grant Attendi, and Attendi thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials that you submit to the Site for the purpose of providing the Site and Site products and services and for all other business purposes of Attendi, all without any compensation to you whatsoever.
Attendi may or may not screen User Materials. Attendi may remove any User Materials from the Site, including but not limited to, User Materials that are libelous, incorrect, spiteful, or otherwise inappropriate, in Attendi's sole discretion. Attendi shall not be responsible for changes, modifications, or removal of any User Materials that you submit to the Site. Attendi does not and will not verify, endorse or vouch for the information contained in any User Materials; you rely upon any User Materials available on the Site, including without limitation, information in Posts and Conversations, and comments, at your sole risk.
If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow the Procedure in Section 14 of these Terms and Conditions.
User Materials stored on the Site are stored by Attendi only for permitted, temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. Attendi will not, and is not obligated to, maintain back-up copies of any User Materials.In using the Service, you agree not to: (a) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Materials; (b) upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (c) act in a manner that negatively affects other users' ability to use the Service; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (e) collect or store personal data about other users in connection with conduct prohibited under these Terms and Conditions; (f) override, circumvent or attempt to override or circumvent any of the usage rules embedded in the Service; or (g) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that Attendi may, under certain circumstances and without prior notice, immediately terminate your Attendi account, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or other Attendi agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request, in writing by you, (d) discontinuance or material modification to the Service, in whole or in part, (e) technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Attendi account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account, and barring of further use of the Service. Further, you agree that all terminations may be made in Attendi's sole discretion and that Attendi shall not be liable to you or any third party for any termination of your account, or access to the Service. Attendi reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity. Attendi 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 Attendi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that User Materials may be transferred by Attendi and its agents, representatives, contractors, and licensees outside of the United States. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing, including, without limitation, transferring across international borders, of their personal information, such as their name, address, and likeness, in connection with the User Materials. You agree to ensure that any third parties required to do so have given their consent to such processing as required by all applicable laws, statutes, ordinances, or regulations, including, without limitation, data protection legislation. You shall have sole responsibility for all User Materials, including but not limited to, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all User Materials. You acknowledge and agree that when you share User Materials with third parties or make available User Materials to third parties, you allow the recipients to further share, distribute, reproduce, display, and make prints of such User Materials.
All works of authorship, information, content, functional components, and material appearing on, contained in, or made available through the Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are Attendi's copyrighted works, all rights reserved, or the copyrighted works of Attendi's affiliates, licensors, or suppliers. Attendi also owns a copyright in the Site as an online work, collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Attendi, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Attendi, without Attendi's advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Attendi or its affiliates, licensors, or suppliers. ATTENDI, POWERED BY EXPERIENCE, SEARCH POWERED BY EXPERIENCE, SEARCH FOR EXPERIENCE, SEARCH BY EXPERIENCE, SEARCH BY PRESENCE, SEARCH FOR PEOPLE, NOT PAGES., SEARCH FOR PRESENCE, and SEARCH PEOPLE, NOT PAGES. are trademarks of Attendi. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.This Site is available for informational purposes only. Parties other than Attendi may provide products or services on the Site. Use of the Site and the Site Materials and any other material or content on or made available through the Site is entirely at your own risk. Attendi expressly disclaims any and all responsibility for or related to the User Materials, Site Materials, or products or services provided by or advertised by third parties or the transactions you conduct or enter into with third parties. Attendi does not endorse any such content. Additionally, the Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Attendi expressly disclaims any and all responsibility or liability (direct or indirect) for the content, the accuracy of the information, or quality of products or services provided by third parties or advertised on these third-party sites.
Attendi welcomes your feedback and suggestions about how to improve our products, information, and services and the Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, "Submissions") to Attendi. Such Submissions shall be deemed User Materials in accordance with Section 2 of these Terms and Conditions. Further, Attendi is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
Given the nature of the Internet, the transmission of any communication or material to Attendi via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure. As an alternative to communicating via the Internet or e-mail (info@attendi.com), you can contact Attendi by regular mail at 433 West 14th Street, Suite 3F, New York, NY 10014, or by phone at (646-792-0814) .Attendi has a Privacy Statement setting out Attendi's online information gathering and dissemination practices. Click here to view the http://attendi.com/privacy which is incorporated into these Terms and Conditions by reference. Please be aware that the Site is a general audience web site, not directed to children under the age of 13, and must not be used by children under 13. Attendi and the Site take important measures to comply with the Children's Online Privacy Protection Act (COPPA).
In consideration of your use of the Site and the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, and current information about yourself as prompted by the Service's profile form (the "Profile Data") and (b) maintain and promptly update the Profile Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Attendi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Attendi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
THE SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICE AND PRODUCTS OFFERED IN CONNECTION WITH THE SITE ARE MADE AVAILABLE "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
ATTENDI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON, AND IN, AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
Attendi assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider fees). In addition, you must provide and are responsible for all equipment necessary to access the Service. Without limiting the generality of the foregoing, the Service is provided for informational purposes only, and no Site Materials included in the Service are intended for trading or investing purposes. Attendi and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
ATTENDI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOST GOODWILL, OR OTHER INTANGIBLE LOSSES, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ATTENDI SHALL NOT EXCEED TEN U.S. DOLLARS (U.S. $10).Attendi endeavors to keep the Site and Site Materials up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Attendi is not responsible for any errors or omissions in the Site or Site Materials. Attendi may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, including these Terms and Conditions, at any time with or without notice, and Attendi makes no commitment to update the information contained on or in the Site.
You shall defend Attendi and its directors, officers, employees, agents, and contractors ("Attendi Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with your use of the Site, the User Materials, your fraud, violation of law, negligence, willful misconduct, or any other use of the services, products, information, materials on or made available through the Site, (except to the extent attributable to Attendi), or any breach by you of these Terms and Conditions You shall indemnify and hold Attendi Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Attendi.
Attendi may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Attendi does not notify you within 30 days after notice of the Claim that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Attendi, subject to the right of Attendi to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.Copyright: Attendi processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices under the DMCA, Attendi will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Attendi will terminate access for any users who are repeat infringers. If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to Attendi at the address listed in Section 8 (or to info@attendi.com) addressed to the Attention of "Copyright Agent," a comprehensive detailed notice in accordance with the requirements of the Digital Millennium Copyright Act, including: (1) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (2) a description of the location of the original or an authorized copy of the copyrighted work; (3) your address, telephone number and e-mail address; (4) 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; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Other Violations: Other than copyright infringement, if you believe that any content or postings on the Site violate your intellectual property or other rights, please send to Attendi at the address listed in Section 8 (or to info@attendi.com) a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your address, telephone number and e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions, neither Attendi nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorist actions, or governmental restrictions.
When you register with Attendi, you acknowledge that in using the Service, you will be causing communications to be sent through Attendi's computer networks, portions of which are located in New York and other locations in the United States and potentially abroad. As a result, and also as a result of Attendi's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct including but not limited to all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Site and Service will allow you and the people with whom you communicate to save your conversations in your Attendi accounts and via the public Attendi web site located on Attendi servers. This means you can access and search your conversations from any computer with access to the Internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account and also on the Attendi Web site. Your agreement to these Terms and Conditions constitutes your consent to allow Attendi to store these communications on its servers.These Terms and Conditions, including the Privacy Statement, represent the entire agreement between you and Attendi with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; provided, however, that THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on the Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in New York, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site may contain information and press releases about Attendi, and although this information was believed to be accurate as of the date prepared, Attendi disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
The Site is controlled and operated from within the United States. Without limiting anything else, Attendi makes no representation that the works, content, materials, services, information, or products available on or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of Attendi to exercise any right shall not be deemed a waiver of that or any other right in the future. Please report any violations of these Terms and Conditions to our Customer Support group. Attendi reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
Last updated: September 24, 2007