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1. Acceptance of Terms Dojobi.com provides a collection of online resources, including classified listings, advertising, email services and links to third party sites (collectively the "Service"), available at dojobi.com. and, that are subject to the following Terms and Conditions ("Terms"). By using the Site or the Service in any way, or by registering for an dojobi.com user account, you agree to comply with these Terms. In addition, when using particular dojobi.com services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. 2. Modification of this Agreement Dojobi.com may in its sole discretion modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by these Terms, you may not use the Service or the Site. In the event of an inconsistency between these Terms and dojobi.com Privacy Policy, the Terms will control. Nothing in these Terms will be deemed to confer any third party rights or benefits. 3. Registration As a condition to using certain Services, you may be required to register with dojobi.com and select a password and user name. You agree to provide dojobi.com with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization. Dojobi.com reserves the right to refuse registration of, or cancel a dojobi.com account in its discretion. YOU WILL BE RESPONSIBLE FOR MAINTAINING YOUR OWN ACCOUNT PASSWORD AND FOR MAINTAINING IT'S CONFIDENTIALITY. 4. Content All listings, messages, images, files and other materials ("Content") posted on, transmitted through or linked from the Service are the sole responsibility of the person or organization from which such Content originated. You also understand that dojobi.com [will do are best to monitor our site] but we do not control and are not responsible for Contents made available through the Site or the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. The Service and the Content will contain links to other web sites that are completely independent of dojobi.com. Dojobi.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such web sites. Under no circumstances will dojobi.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, linked or otherwise made available via the Service. You understand and agree that any uploading or posting will be at your sole risk and dojobi.com will not be responsible to you in any way. Further, dojobi.com does not provide any warranty as to your use of third-party content that you obtain from the Service. You are fully responsible for any Content you post on the Service to the consequences of any such Content. Although dojobi.com does not claim ownership of Content that its users post, by posting Content to the Service you grant and you represent and warrant that you have the right to grant, to dojobi.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that dojobi.com, in its sole discretion, may delete any Content for any reason. You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed and blocked from the Service. YOU AGREE NOT TO POST, EMAIL, OTHERWISE MAKE AVAILABLE CONTENT THAT: • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law • Is harmful to minors or displays sexually explicit material of any kind • Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation • Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc. • Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Service • Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without dojobi.com prior consent • Contains personally identifiable information about another member that is published without their express consent • Contains material originally posted by another member that is reposted without permission or attribution • Has misleading email addresses or other manipulated identifiers to disguise its origin • Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on dojobi.com infrastructure Additionally, you agree not to: • Contact anyone who has asked not to be contacted • "Stalk" or otherwise harass anyone • Delete or revise any material posted by any other user • Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site • Attempt to gain unauthorized access to dojobi.com computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service. 5. Privacy Policy Dojobi.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.[dojobi.com/privacy policy.] Your use of the dojobi.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that dojobi.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of dojobi.com, its users or the general public. 6. Ownership and Infringement All right, title and interest in and to the Service are and will remain the exclusive property of dojobi.com and its licensors. "Dixon-Innovations." And dojobi.com logos, icons and other marks identifying dojobi.com services or products are trademarks of dojobi.com and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without dojobi.com express written authorization. All rights not expressly granted in these Terms are reserved to dojobi.com. Dojobi.com respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at [support@dojobi.com.]Filing a notice of infringement with dojobi.com requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site. 7. Dealings with organizations or individuals Dojobi.com will not be liable for your interactions with any organizations and/or individuals through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that dojobi.com is not responsible for any damage or loss incurred as a result of any such dealings. Dojobi.com is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release dojobi.com, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. If you are a California resident, you waive California Civil Code Section 1542, which states: "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." 8. Limitation & Termination of Service You acknowledge that dojobi.com may establish limits concerning use of the Service. You agree that dojobi.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that dojobi.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that dojobi.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that dojobi.com in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if dojobi.com believes that you have acted inconsistently with these Terms. Further, you agree that dojobi.com will not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Service after such termination. 9. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. DOJOBI.COM, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER DANCINGGEEKS.COM, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DOJOBI.COM ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 10. Limitations on Liability IN NO EVENT WILL DOJOBI.COM, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF DOJOBI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, DOJOBI.COM WILL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF DOJOBI.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO DOJOBI.COM, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOJOBI.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 11. Indemnity YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD DOJOBI.COM HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST DOJOBI.COM ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE. 12. General Information These Terms are governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder will be submitted to state and federal courts in [Napa], California and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Dojobi.com failure to act with respect to a breach by you does not waive dojobi.com right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms will inure to the benefit of and be binding upon each party's successors and assigns. Dojobi will not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond dojobi.com reasonable control. Any notice required or given to you under these Terms will be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. 13. Privacy Policy Last Updated: January 21, 2006 This dojobi.com Privacy Policy ("Privacy Policy") descibes how we collect, protect and use your personal information when you use dojobi.com. This Privacy Policy may be updated or modified from time to time. 14. Your Personal Information You do not need an dojobi.com account to use many of the products and services offered by dojobi.com. If you choose to create a user account with dojobi.com, we will ask you for some personal information, including your name and contact information. We will also ask you to create a password, which is used to protect your account from unathorized access. You may also be asked for additional personal information, such as credit card information for billing purposes. When you use dojobi.com, our servers automatically record certin information about your use of dojobi.com. Like other web services, dojobi.com records information such as account activity, data displayed or clicked on, and other log information such as browser, IP address, date and time of access, cookie ID and referrer URL. Dojobi.com also collects information included in postings on publicly available websites via RSS and/or Atom syndication features. This information is organized dyamically and included on the dojobi.com website. Dojobi.com allows any publisher who does not wish to have their content included on the dojobi.com website to have their content removed and to request that dojobi.com not collect content from such publisher's website in the future. This information, including personally identifiable information, may be retained by dojobi.com in our servers even after deletion by a user. Although we make good faith efforts to store information in a secure enviroment that is not made available to the public, we cannot guarantee complete security. 15. Use of Your Personal Information Dojobi.com will not share any of your personally identifiable information, except for the information you choose to publicly disclose on the dojobi.com website, with any third parties for marketing purposes. When you wish to contact a publisher regarding a listing on the dojobi.com website, we ask for your email address and you may also choose to provide your phone number and/or other contact information. This information will be shared with the listing publisher. We use information we collect to improve the dojobi.com products and services, fulfill requests, bill for services, to contact you and for direct marketing activities and stastical analysis. We may disclose personally identifiable information if required to do so by law, or in the good faith belief that disclosure may be necessary to respond to a legal process, respond to claims that content violated the rights of third parties, enforce our Terms of Use, or to protect the rights, property or personal safety of dojobi.com, its users or third parties (including the general public). Services not affilated with dojobi.com may archive or otherwise make available listings included on dojobi.com.

 


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