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Experience Project : Terms and Conditions of Use Policy

Last updated March 7th, 2013

Welcome to Experience Project. Kanjoya, Inc. (the “Experience Project” or “we”) provides a space to share personal experiences through the Experience Project Site, accessible at http://www.experienceproject.com. Experience Project and its affiliates provide their services to you subject to the following terms and conditions (“Terms and Conditions”). If you visit Experience Project, you accept these conditions, and these Terms and Conditions constitute a binding legal agreement between you and the Experience Project. Please read them carefully. In addition, when you use any current or future Experience Project service, you also will be subject to the guidelines and conditions applicable to such service or business.

Again, PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions, and our Community Guidelines. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Experience Project may revise and update these Terms and Conditions at any time. Your continued usage of Experience Project website will mean you accept those changes. This policy was last updated February 21st, 2012.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Experience Project, to understand our practices.

THE SITE DOES NOT PROVIDE PROFESSIONAL ADVICE

The contents of the Experience Project Site, such as text, graphics, images, information obtained from Experience Project's licensors, and other material contained on the Experience Project Site are for entertainment purposes only. The Content is not intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Always seek the advice of a qualified provider with any questions you may have regarding a serious life condition. Never disregard professional advice or delay in seeking it because of something you have read on the Experience Project Site!

Experience Project does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Experience Project, Experience Project employees, others appearing on the Site at the invitation of Experience Project, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are medically graphic and/or sexually explicit. If you find these materials offensive, you may not want to use our Site.

SUBMISSIONS, ENTRIES, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post entries, stories, depictions, recollections, remembrances, thoughts, reviews, comments, and other content; send e-mail and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, material to the commission or investigation of a crime or other illegal activity, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an entry or other content. Experience Project reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content for these violations.

If you choose to post content, Experience Project will generally associate a username and location with such content. If you are logged into the Experience Project using a third party website, like Facebook or another social networking site that may use your real name, please be cautious when posting since your user name for that third party website will be used in connection with your posted content on the Experience Project Site or website of an Experience Project licensee under the license below. Upon submitting a story, you irrevocably consent to the use of your story, username, and location and grant any necessary rights and licenses to such use, including but not limited the license below and any right of publicity applicable.

If you do post content or submit material, and unless we indicate otherwise, you grant Experience Project and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Experience Project and its affiliates and sublicensees the right to use the username that you submit in connection with such content, if they choose, but without personally identifying information. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Experience Project or its affiliates for all claims resulting from content you supply. Experience Project has the right but not the obligation to monitor and edit or remove any activity or content. Experience Project takes no responsibility and assumes no liability for any content posted by you or any third party.

Experience Project maintains the right to edit any entry in order to alter grammar, spelling or presentation.

By providing Experience Project with your email address, you agree to receive electronic communications to your email, including but not limited to newsletters, status updates, notifications, and alerts. You may turn off all but the most critical notifications in your account's settings.

CHILDREN'S PRIVACY

We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 13. No individual under the age of 13 may use Experience Project or provide any information to Experience Project. In addition, we do not collect personally identifiable information from any person we actually know is a child under the age of 13.

ELECTRONIC COMMUNICATIONS

When you visit Experience Project or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Experience Project or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Experience Project and protected by U.S. and international copyright laws. All software used on this site is the property of Experience Project or its software suppliers and protected by United States and international copyright laws.

COPYRIGHT COMPLAINTS

Experience Project and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please immediately follow our reporting procedures and alert us.

TRADEMARKS

Experience Project, Experience. Shared., Life. Experienced., and other marks indicated on our site are trademarks of Experience Project, Inc. or its subsidiaries, in the United States and other countries. Other Experience Project graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Experience Project, Inc. or its subsidiaries. Experience Project's trademarks and trade dress may not be used in connection with any product or service that is not Experience Project's, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Experience Project. All other trademarks not owned by Experience Project or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Experience Project or its subsidiaries.

PATENTS

One or more patents may apply to this Site and to the features and services accessible via the Site, pending approval by the US Patent Office.

LICENSE AND SITE ACCESS

Experience Project grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Experience Project. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, topics, categories, or prompts; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another site; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Experience Project. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Experience Project and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Experience Project's name or trademarks without the express written consent of Experience Project. Any unauthorized use terminates the permission or license granted by Experience Project. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Experience Project so long as the link does not portray Experience Project, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Experience Project logo or other proprietary graphic or trademark as part of the link without express written permission.

As between you and Experience Project, all right, title and interest in the Experience Project Site and related content (excluding content posted by users) shall remain with the Experience Project and/or its licensor. All rights not expressly granted herein are reserved by the Experience Project.

YOUR ACCOUNT; ELIGIBILITY

IIf you wish to post any materials or access certain functions of the Experience Project Site or service, you will be asked to register with the Experience Project and set up a username and password. We strongly suggest choosing a username without any personally identifiable information.

You may register directly via the Experience Project Site or by logging into your account with certain third party social media or social networking sites (including but not limited to Facebook). If you log-in via a social networking site, we will extract personal information that you have provided to the social networking site, such as your real name and location. You hereby consent to our access and collection of such personal information about you. In addition, if you post while logged in via a social networking site, you hereby consent to have your identifying information posted along with your submission.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you are under the age of 13, you may not use Experience Project or provide any information to Experience Project. If you are under 18, you may use Experience Project only with involvement of a parent or guardian. Experience Project and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

ACCURACY

Experience Project does not warrant that the content of this site is accurate, complete, reliable, current, or error-free.

INDEMNITY

You agree to defend, indemnify, and hold Experience Project, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY EXPERIENCE PROJECT ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR ENTERTAINMENT PURPOSES ONLY. EXPERIENCE PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXPERIENCE PROJECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. EXPERIENCE PROJECT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EXPERIENCE PROJECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPERIENCE PROJECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Experience Project. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

http://www.ExperienceProject.com

JURISDICTION AND CHOICE OF FORUM

By using this site, you agree to personal jurisdiction within the state of California, in the United States of America. You consent that any and all disputes arising out of your use of EP can be heard by a state or federal court in California.

COPYRIGHT INFRINGEMENT NOTIFICATION

Experience Project is committed to protecting the intellectual property of third parties. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. 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.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. PLEASE do not make false claims!

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Finally, be aware that claimant information may be published on the ExperienceProject site in place of disabled content.

Experience Project's Copyright Agent for notice of claims of copyright infringement on its site can be reached at:
help@experienceproject.com or by postal mail at:
Copyright Agent, Experience Project Inc, PO BOX 26685, San Francisco CA 94126

Please note: If you do not receive a response within 72 hours, please contact us again, as your mail may have been inadvertently filtered.

COPYRIGHT COUNTER-NOTIFICATIONS

To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of members who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.

A counter-notification must include the following specific elements:

  1. Identification of the specific URLs of material that ExperienceProject has removed or to which ExperienceProject has disabled access.
  2. Your full name, address, telephone number, and email address, and the username of your ExperienceProject account.
  3. The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which ExperienceProject is located, and will accept service of process from the claimant."
  4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Signature. A scanned physical signature or a valid electronic signature will be accepted.

We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.

Our preferred method of counter-notification submission is via email to help@experienceproject.com.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on ExperienceProject. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.