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AirGini Terms of Service

By accessing or using the AirGini.com web site or the mobile version thereof (together the "Service"), a service of AirGini Group, Inc. ("AirGini"), you are agreeing to be bound by the following terms and conditions (the "Terms of Use").

Basic Terms

  1. You must be 13 years or older to use the Service.
  2. You are solely responsible for any activity that occurs under your screen name, password or account.
  3. You are responsible for keeping your password secure and confidential.
  4. You must not abuse, harass, threaten, impersonate or intimidate other AirGini users or use any information obtained from the Service in order to do so.
  5. You may not use the AirGini service for any illegal or unauthorised purpose. You agree to comply with all local laws (including but not limited to those relating to copyright and other intellectual property rights) that may be applicable to you regarding online conduct and acceptable content
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links and any other content (the "Content") that you submit, post, and display on the AirGini service. You may not submit and display on the Service any copyrighted material, trademarks or other proprietary Content belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
  7. You must not modify, adapt or hack AirGini.com or modify another website so as to falsely imply that it is associated with AirGini.com
  8. You must not create or submit unwanted email to any AirGini members ("Spam")
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of AirGini, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your AirGini account. While AirGini prohibits such conduct and content on its site, you understand and agree that AirGini cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the AirGini.com service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the AirGini service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  4. You can use the basic features of the Service free of charge. However, you accept that you will have to pay for any and all network data charges (including but not limited to your Internet access charges and mobile originated / terminated SMS message charges) that may be incurred when you use the Service. In the future, AirGini may also offer you premium service features and you will then have the option to decide whether to subscribe to and pay for such premium services. In addition to these Terms of Use, additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the AirGini web site. AirGini may display and send to you targeted advertisements on or through the Service. In addition to these Terms of Use, additional terms and conditions may apply to your accepting (opting-in to) such advertisements in which case those additional terms and conditions will be added to the AirGini web site.
  5. If any of the provisions of these Terms of Use are declared void or unenforcable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.

Modification of these Terms of Use

You understand that we are continuously developing the features and the functionality of the Service. We reserve the right to alter these Terms of Use at any time in our sole discretion. If the alterations constitute a material change to the Terms of Use, we will notify you via Internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. Your sole remedy should you not agree with the altered Terms of Use shall be to close your account and to cease using the Service.

Indemnification

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless AirGini Group, Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the AirGini Service; ii) unauthorized access to or alteration of your communications with or through the AirGini Service, or iii) any other matter relating to the AirGini Service. Any business transactions which may arise between users from their use of AirGini are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that AirGini may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, or protect the rights, property, or safety of AirGini, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE AIRGINI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT AIRGINI DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. AIRGINI ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. AIRGINI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AIRGINI MAKES NO WARRANTY THAT (i) THE AIRGINI SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AIRGINI SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AIRGINI SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AIRGINI SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AIRGINI SERVICE IS DONE 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 ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRGINI OR THROUGH OR FROM THE AIRGINI SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

These Terms of Use constitutes the entire agreement between you and AirGini and governs your use of the AirGini Service, superseding any prior agreements between you and AirGini.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIRGINI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIRGINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL AIRGINI’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law

These Terms of Use between you and AirGini Group, Inc. will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

General Information

AirGini, the AirGini logo, and other AirGini logos and names are trademarks of AirGini Group, Inc.. You agree not to display or use these trademarks in any manner without AirGini’s prior, written permission. Please send any questions or comments, or report violations of the Terms of Use to:

AirGini Group, Inc.

2900 Gordon Avenue, Suite 100-5F, Santa Clara, CA 95051, U.S.A.