Terms of Service
Indy Mojo is powered by Metromojo. The following Terms of Service (also referred to as "Agreement") are applicable to Indy Mojo and all other Metromojo web properties and partner sites.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the "join now" button, you agree to be bound by these Terms of Service and to use Indy Mojo and any partner sites in a manner consistent with all applicable laws and regulations.
You Certify that you are 18 or Older
By joining Indy Mojo you certify that you are at least 18 years of age or older. You understand that giving false information to receive membership may constitute a violation of law and of our Terms of Service and is grounds for termination.
Not Responsible for Misrepresentation by Members
Metromojo is not responsible for member's misrepresentation of themselves, their content, ads, profiles, posts, messages, etc. Metromojo does not warrant or guarantee any content by members.
2. Registration Information/Privacy
Metromojo may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your name, address, email address or telephone number without your prior written consent, except to the extent necessary or appropriate to comply with applicable laws, or as required by Metromojo to enforce its Terms of Service, and to prevent harassment and abuse on the site, or in legal proceedings where such information is relevant.
Third Party Advertising
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.
3. Modifications to these Terms of Service
Metromojo may modify these Terms of Service as well as our Privacy Policy from time to time at its sole discretion. We are under no obligation to provide any notice of any such changes; your continued use of Indy Mojo will signify your acceptance of any changes.
4. Modifications to Indy Mojo
Metromojo and its partner sites, including Indy Mojo, may, at our discretion, add or delete features, services and partners.
5. Joining via a partner
If you join Indy Mojo, powered by Metromojo, through a partner site other than Indy Mojo, and that partner's relationship with Metromojo and/or Indy Mojo is severed for any reason, you will not lose your membership, your profile or your account. Instead, you will be converted into a Indy Mojo user and will be able to access your account through Indy Mojo.
6. Content by Indy Mojo Members
Users are allowed one and only one profile. Creating more will get you and all of your accounts banned.
You alone are responsible for any content you post on Indy Mojo or its partner sites, including but not limited to message board posts, chat participation, homepages, ads and member profiles — and the consequences of any such content. You agree not to use Indy Mojo or its partner sites to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Outside of the Happenings (events calendar) and classified ads you also agree not to post material that contains advertising or any form of commercial solicitation. You also agree not to impersonate any other person or entity, including impersonating an employee or consultant of Indy Mojo or any of its partner sites.
Do not post any contact information in your profile, including, but not limited to, email addresses, phone numbers, URLs, ICQ numbers or any kind of instant messaging identification. You will have the opportunity to reveal your email address to message recipients when sending new messages to other users. We will remove any contact information that we find in profiles. Metromojo and its partner sites, including Indy Mojo, are not responsible for any interactions that occur between members after such contact information has been exchanged.
Any photographic images posted in a profile must be of you or of an image owned by you. You are solely responsible for copyright violations.
If you decide to post a photo thumbnail, and make your photos 'public', your photos may be featured prominently on Indy Mojo or its partner sites (including their homepages). Photo galleries are always public and may not be hidden.
NO PORN, X-RATED OR SEXUALLY EXPLICIT MATERIAL IS ALLOWED. Do not post images of, or links to, genitalia or other graphic sexual content. If we find such pictures or links we may, at our discretion, 1) remove the content, 2) remove you and the content or 3) remove you, remove the content and ban you from using the site.
Metromojo and its partner sites, including Indy Mojo, reserve the right to delete or remove any member content, and to terminate your account if we become aware and determine, at our sole discretion, that you are violating any of the foregoing guidelines.
Metromojo and its partner sites, including Indy Mojo, reserve the right to excerpt any member content, text or imagery, including but not limited to, text and images in your profile and posts made in the forums, classified ads or Events Calendar ('Happenings'), and feature it elsewhere on the Indy Mojo site and on its partner sites.
We reserve the right to excerpt text and/or imagery submitted by you to profiles, forums, Happenings or classified ads, along with other profile text-information such as nickname and ad title, and feature them in ads, supplements and content pages in any Indy Mojo print publication or advertisement and the print publications of Metromojo partners.
Advice Columns, Editorials and Member Submissions are for ENTERTAINMENT PURPOSES ONLY
The contents of this web Site, such as text, graphics, images, information obtained from other members and other material contained on this Site ("Content") are for entertainment purposes only. The Content is NOT a substitute for professional advice, diagnosis, treatment, REAL advice, REAL information or anything truly useful. Always seek the advice of a professional with any questions you may have, don't look here.
7. Copyrighted Material
Metromojo and its partner sites respect the intellectual property of others and we ask that our users do the same. All material in Indy Mojo and its partner sites, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Indy Mojo or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Your access to content posted by other Metromojo members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it. Any material protected by copyright may not be posted on Indy Mojo or its partner sites without the express permission of the author or owner of the copyright on that material.
If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide the Metromojo copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
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a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
b. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
c. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material . Specifically, a complete URL — or URLs in the case of multiple works — must be provided.
d. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
e. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Metromojo or its partner sites actual knowledge of facts or circumstances from which infringing material or acts are evident.
The Designated Agent for Notice of claims of copyright infringement of Metromojo and its partners, including Indy Mojo, is:
Metromojo, c/o Copyright Reports, fax: 502.583.0212 Alternately, you may use the CONTACT link above.
The Designated Agent will accept reports alleging copyright infringement by persons using Metromojo services. NOTE: The Digital Millennium Copyright Act requires that the complaint contain certain information.
8. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify Metromojo of any unauthorized use of your account.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, IS AT YOUR SOLE RISK. Metromojo AND ITS partner SITES, INCLUDING Indy Mojo ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, MAKE NO WARRANTY THAT Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, WILL MEET YOUR REQUIREMENTS, OR THAT Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Metromojo AND ITS partner SITES, INCLUDING Indy Mojo. Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, ARE NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, IS AT YOUR OWN DISCRETION AND 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 SUCH MATERIAL AND/OR DATA.
Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, OR ANY TRANSACTIONS ENTERED INTO THROUGH Metromojo AND ITS partner SITES, INCLUDING Indy Mojo.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF Metromojo AND ITS partner SITES, INCLUDING Indy Mojo, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 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.
10. Member Content Storage
Metromojo and its partner sites, including Indy Mojo, assume no responsibility for the deletion of or failure to store your content, including but not limited to photos, text, ads, groups, forum posts, private message posts and profiles.
11. Indemnification
You agree to indemnify Metromojo, its parents, subsidiaries, affiliates, partner sites (including Indy Mojo), officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Metromojo and its partner sites, including Indy Mojo, from the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
12. Termination of Membership
Metromojo and its partner sites, including Indy Mojo, reserve the right to refuse membership to anyone. Metromojo may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Metromojo and Indy Mojo elsewhere on Indy Mojo (including, but not limited to member etiquette), or for online conduct that Metromojo and/or Indy Mojo believe is harmful to other members, the business of Metromojo and/or Indy Mojo, or other third-party information providers. If Metromojo determines that your behavior is either illegal or harassing to its other members, Metromojo may initiate its own legal proceedings, and/or work with law enforcement to resolve the situation.
While we can't regulate what happens between members once they decide to meet offline, we do take all complaints regarding offline behavior very seriously. If we feel that your continued use of the Indy Mojo could lead to offline behavior that is harmful to other members, the business of Metromojo and/or Indy Mojo, we will delete your account. Depending on the severity and/or number of complaints, we may or may not send you warning emails before removing your account.
13. Blocking of IP Addresses.
In order to protect the integrity of the service, Metromojo reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the web site.
14. Inner Circle Accounts
Inner circle accounts are premium accounts (either paid for by or awarded to members) that include a number of additional features and benefits for members of Indy Mojo. In addition to everything else set forth in this Agreement, the following provisions refer to Inner Circle accounts.
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a. Non-Refundable - No refunds will be made for Inner Circle accounts. All sales are final.
b. Termination - If Metromojo terminates your membership or removes your account because you have breached this Agreement, you will not be entitled to any refund of unused subscription or membership fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Metromojo. Metromojo is not required to provide you notice prior to terminating your membership and/or subscription. Metromojo is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
c. Certain additional features and benefits are made available with Inner Circle accounts including additional storage for photos. Upon the expiration of your Inner Circle account, these additional features and photos will be automatically removed by the system so as to bring your Inner Circle Account in line with the features and storage quotas of a standard (free) account. There is no choice in which photos or additional content is removed by the system when this process occurs. Metromojo and its partner sites, including Indy Mojo, assume no responsibility for the deletion of or failure to store your content.
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15. Term of Agreement
This Agreement will remain in full force and effect while you use a Metromojo web site, including Indy Mojo and any of our partner web sites or are a member (free or paying) of any Metromojo web site. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
16. Legal Venue
This Agreement shall be governed by the laws of the State of Kentucky in The United States of America.
17. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
Updated 9/18/07
