By using PUNKAI.com website we recommend that you read carefully the foregoing TERMS OF SERVICE AND USE and the related PRIVACY POLICY STATEMENT. These Terms of Service and Use set forth the standards of use of our website and any other services provided by PUNKAI.com or Punkai’s Affiliates from time to time in connection with PUNKAI.com website (the “Service”). The Terms of Service and Use apply to all Services and all uses of the Punkai.com website.  By checking the agree button in the sign up page you confirm and agree to these Terms of Service and Use stated herein.     If you do not agree to the terms of service and use you should immediately stop usage of the service.  PUNKAI.com reserves the right at any time to change, modify, alter or update this Terms of Service and Use without notice.  Changes and/or modification shall become effective immediately upon posting in the website.  Your continued use of the site after the changes are posted constitutes an acknowledgement and acceptance of the Terms of Service and Use and its changes and/or modifications.

These Terms of Service and Use summarizes your rights and your responsibilities as a user of the Service.

If you represent a group or association or otherwise you wish to use the PUNKAI.com and the Services to promote a person, a business, products or services you have to register the group, by yourself or the association you represent for as a “groupie mix” and set up a GROUPIE PROFILE by filling up the separate REGISTRATION FORM for groupie mix. You have to confirm your agreement with PUNKAI.com Terms of Service and Use by clicking on the AGREE Button including those stipulations that are specifically applicable to Groupie PROFILES.

Our Privacy Policy and any notices regarding the WEBSITE and the SERVICE sent to you and/or posted on the Website are incorporated into and made an integral part of this Agreement.  Check our Home Page for copies of latest notices and policies and other Service Updates if any.

By registering for the Service, you signify and declare that you have read, understand and have the legal capacity to and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this Agreement.

1.  MEMBERSHIP ELIGIBILITY

To register as a Member or a Groupie, YOU must be 13 years old and older wherein if you are between ages 13 to 18 that you have complied with the conditions set forth herein and that you have the right, authority, and capacity to agree to and abide by this Agreement. Membership to Punkai.com is void where prohibited by law.

2. TERM OF USE

1. This agreement will remain in full force and effect as long as you use the services of
   PUNKAI.COM website and/or are a member.  You may cancel your PUNKAI.com membership at any time for any reason by following the instructions on the Cancel Account page in Account Settings.  PUNKAI.com may terminate your membership (i) automatically without notice upon any violation or alleged violation of this Agreement at our sole discretion; (ii) for any reason, at any time without notice to Member, including, blocking Member’s access to the Service, discontinuance of member’s account, or notification to member at the e-mail address provided in the Member’s registration.  If you are using a paid version of the service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.  The certain terms and conditions of this Agreement shall survive even after your membership is terminated.
2. Additionally, please note that, if you sign up for one or more features of the service that are provided by third parties, such as video or music, or any of the widgets and applications that are may be listed or promoted on PUNKAI.COM (otherwise referred to as “Third Party Features”,) you are therefore advised to read and agree to the terms of services of those third parties. 

The service also contains links to third party sites and third party content, widgets and applications collectively referred to as “Third Party Materials” which include those Third Party Features referred above.  Please bear in mind that PUNKAI.COM website has no control over any such sites and Third Party Materials.  Links to these materials are provided solely for convenience.  PUNKAI.com neither endorses nor bears any responsibility for our control over any Third Party Material or any links contained therein.  PUNKAI.COM unequivocally states that all policies and statements herein pertain only to the website and do not necessarily apply to the Third Party Materials.  Access to Third Party Material or any links contained herein effectively directs you to the site and as such PUNKAI.com Terms of Service and Use, Privacy Statements and other policies are no longer in effect.  It is therefore recommended that you read the terms and conditions for each and every website that you visit and any and all Third Party Materials that you add to your profile.  PUNKAI.COM reserves the right in its sole discretion and without notice to;

1. terminate any and all links to this Website from any third party site;
2. terminate any and all links from this Website to any third party site;
3. terminate any third party materials made available or accessible via this website and remove any online posting thereof.

Moreover, agree and accept that any third party developer that makes a widget, application or other third-party service available to you on or via PUNKAI.com may use a PUNKAI.com or other application programming interface to retrieve and / or collect personally-identifiable and / or PUNKAI.com specific information about you to populate your copy of its widget or application with relevant information and / or content created, provided or posted by you.  It is recommended that you should review the terms of service and use of any such third party developer and / or Third Party Material including privacy policies and data gathering policies and procedures.

3. CONTENT OWNERSHIP RIGHTS

1. Ownership Right in Content Posted by PUNKAI.com or Other Members.
We own and retain all ownership rights in the website and the service.  The website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other information of PUNKAI.com, our members and our licensors.  Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or  sell any such materials or information without our express written consent in each case.

2.   Rights in Content Posted by You.
By uploading, broadcasting, posting any text, links, photos, videos, music, messages, data or information (referred to as “Content”) forms part of the content posted to the website including your profile, you shall automatically permit PUNKAI.com and you signify and declare that you have the right to give PUNKAI.com an irrevocable, perpetual, nonexclusive, and 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 of the foregoing.

4.  NON COMMERCIAL USE BY MEMBERS

The Service and the website are for the personal use of individual members only.  Unless you have registered as a groupie mix and have completed the GROUPIE PROFILE, you may not use the website or the service in connection with any commercial endeavors without our express written consent in each case.  Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Material available on or via the website (other than the groupie mix referred to members entities that have registered a Groupie profiles) may not become members and should not use the service or the website for any purpose.  No member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by PUNKAI.com or other members for the purpose of selling, engaging in, marketing or promoting any other product or service.  Illegal and/or unauthorized uses of the Website, including collection of usernames, email address or other personally identifiable information of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress and the member’s account will be terminated. 

5.   MEMBERS CONTENT POSTED ON PUNKAI.COM WEBSITE

You represent and warrant that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal and proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.

It is understood that all ownership rights in your member content shall be retained by you but by the posting of the Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to PUNKAI.com (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute, and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.

A member’s public profile is a condensed description of that member’s regular PUNKAI.com profile to include among others the listed herein below information that will be available to any user of PUNKAI.com, as well as to the general public through search engines like Yahoo or Google.  Each individual member’s public profile includes the following information of the member:

• Your first name or your screen name (your choice)
• Your personal circumstances like your gender, age, marital status and the likes;
• The schools you attended or the companies you worked with;
• Your occupation or profession;
• Your Hometown
• Your country of  origin and/or your  country residence;
• Your preference in meeting other site members like dating, business, friendship, and many more;
• Your voluntarily uploaded photos, original videos, music albums, files and other content that you wish to share up to the extent that it may includes personal information at your option and discretion;

B. Responsibility of Members for Content

You are solely responsible for the content that you publish or display on the website, or transmit to other Punkai.com members, including but not limited to photos, videos, music, profiles, messages, notes, text and information (herein referred to as “Members Content”).

You understand and you agree that PUNKAI.com may, but not obligated to review, delete any Member Content that, in the sole judgment of PUNKAI.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of PUNKAI.com, Punkai.com Members and Users, or the Public without notice.  PUNKAI.com assumes no responsibility for monitoring the content posted on the Website by Members or the conduct of its members.

Unless you are member group who registered a Groupie Profile, your profile must describe you, an individual person. We discourage the use of inappropriate profiles such as the use of fictional character or personalities that is not you.

Listed herein are listing of the type of content that is illegal or prohibited on the Website.  Posting of any of this content by you may result, at our sole discretion in the termination of your membership.  In addition, we reserve the right to investigate and take appropriate legal action, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities.  Prohibited content includes but not limited to content that at our own judgment:

1. Is patently offensive to the online community, such contents that promotes racism, chauvinism, blatant loathing or physical revulsion of any kind against any group or individual;
2. Promotes the harassment of another person or group;
3. Involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
4. Includes any information that are false or misleading, promotes illegal activities,  abusive behavior or conduct, or information that are obscene, defamatory, libelous or threatening;
5. It constitutes or includes any illegal activities or unauthorized copy of another person’s copyrighted or copyrightable work, including but not limited to;
• Pirated computer programs or links to them,
• Information which circumvents manufacturer-installed copy-protect devices,
• Pirated music, images or video or links to pirated music, image or video files or;
• Content which otherwise violates the herein terms;
• Displays pornographic or sexually explicit material of any kind;
• Includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from any one under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
• Solicit password or personally-identifying information for commercial or unlawful purposes from other members;
• Constitutes and include any promotion, sales or other commercial activity such as contest, sweepstakes, barter or advertising excluding any content posted by a Groupie on its registered Groupie profile; or
• Solicits people you do not know to add you or accept you as friend on the service, excluding any content posted by a groupie on its registered groupie profile.         

1. Registering a Groupie Profile

If you wish to create a profile on behalf of a public person, group, association or organization or otherwise wish to use the Website and the services to promote a person, a business, products or services, including any widgets, applications or other Third Party Materials, you must complete the Groupie Profile Registration Form and you or your Groupie profile must be approved by PUNKAI.com.  If your profile is approved you will become a “Groupie Mix” under this Agreement. Until such approval is obtained, you may not create a member profile or use the service on behalf of any group, association or organizations or otherwise to promote any person, business or products or services.  PUNKAI.com reserves the right to deny approval of a Groupie profile at any time and for any reason or no reason.

2. Groupie Profile and Use of Service.
In completing the Groupie Profile Registration Form and submitting it to PUNKAI.com for approval, you agree, on behalf of yourself or your group, association or organization (as applicable), to adhere to and be bound by all the terms of this Agreement applicable to members in general as well as the provisions of this Agreement, including the section(s) applicable to Groupie profiles.  Unless otherwise expressly provided herein, any reference to Member or Members in this Agreement will also be deemed reference to each and every duly registered groupie mix.  Notwithstanding PUNKAI.com prior approval of any Groupie Profile, PUNKAI.com reserves the right, at any time, in its sole discretion and absolute discretion and for any reason or no reason, to delete any Content that is included in any Groupie Profile (which may include the deletion of the entire Groupie Profile) or to revoke such Member Entity's membership. Although the features available on Groupie Profiles and elsewhere on the Website and the Service for Member Entities may from time to time include features not available to individual Members, PUNKAI.com reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to change, add, remove or selectively allow the use by any Member of any such feature.

3. Qualified Groups or Individuals
The following groups, associations, organizations or even individuals may be qualified    to create a Groupie Profile subject to Punkai.com conclusive right to approve or disapprove.

• Artists, Athletes, Authors, Actors, Singers, Models (individuals needing exposures)
• Bands, Sports Groups, Dance Groups, Choirs;
• Celebrity and Gossip Writers, Journalists, Events and Festival Organizers;
• Politicians and Political Groups;
• Businesses for profit
• Non-Government Organizations
• Clubs, confederations, associations;
• Real Estate Brokers & Developers;
• Professional Organizations and Services;
• Airlines and Travel-related businesses;
• Bars, hotels, restaurants, malls and shopping centers;
• Websites and web developers
• Bloggers and commentators;
• Charitable institutions, Churches and Religious organizations

NOTICE – Above categories may not be as exhaustive, PUNKAI.com may at its exclusive discretion at any time allow membership of groups, products or services not included in the above listings.

4.  Groupie Profile Content.
The Groupie Profile created and maintained by each groupie mix must describe only the person, group, association, organization, business, product or service associated with such groupie mix, upon approval of such Groupie Profile by PUNKAI.com. If you wish to add any new or additional person, group, entity, organization, business, product or service to an existing Groupie Profile, you must complete a new Groupie Profile Registration Form and submit it for approval.

5. Member Entity Representations and Warranties.
When you and or your groups’ entity or organization is approved, you signify and guarantee that:

1. You or your group, association or organization (as applicable) has the right and full power and authority to enter into this Agreement;
2. If your group, association or organization is a corporation, limited liability company, limited partnership, trust or other form of organized entity:
   • it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or formation, and
   • the agreement to become a Groupie, create a Groupie Profile and be bound by the terms of this Agreement has been duly authorized and approved by such entity;
3. This Agreement is a valid and binding agreement between the Groupie Mix, and is enforceable in accordance with its terms;
4. Any such individual entering into this Agreement on behalf of the an association has full authority to agree to these terms and to bind the association fully to this Agreement; and

9. Member Disputes

10. DISCLAIMERS

PUNKAI.com is not responsible for any incorrect or inaccurate Content publish or posted on the Website or in connection with the Service, whether made or caused by members or users of the Website, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Service.

Even while PUNKAI.COM provides for rules and policies for members conduct WE, DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT MEMBERS POST ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SERVICE, THE WEBSITE OR IN CONNECTION WITH ANY MEMBER CONTENT.  PUNKAI.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

11. Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL PUNKAI.COM OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CORPORATE PARENTS, SUBSIDIARIES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE PUNKAI.COM SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE SERVICE, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PUNKAI.COM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PUNKAI.COM FOR THE SERVICE DURING THE DURATION OF YOUR MEMBERSHIP.

Any and all dispute arising out or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts of United States.  And the venue for any action to enforce, interpret or otherwise in dealing with these terms of service and use or any rights arising from the use of the Service shall be in the US.

You agree to defend, indemnify, and hold harmless PUNKAI.com, its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorney’s fees arising out of or in connection with any member content, your use of the Service or Website, your conduct in connection with the Services or Website or with other users or Members of the Service or website, or any breach of this Agreement.  Notwithstanding the foregoing, PUNKAI.COM retains the exclusive right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against PUNKAI.com herein under the terms and provisions of this Section and in no event shall you settle any such claim without PUNKAI.COM  prior written approval.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

Should any provisions of this agreement becomes invalid or declared no longer effective, the remainder of this Agreement shall continue to be in full force and effect unless revised or revoked by the Service.  The following subsections shall survive any such termination of this Agreement and as such you shall indefinitely continue to be bound such terms, TERMS of USE, CONTENT OWNERSHIP RIGHTS, GROUPIE PROFILE, MEMBERS DISPUTES, DISCLAIMERS, INDEMNITY, SURVIVAL CLAUSE, OTHER.

You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy Statement notices regarding the Website or the Service sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

Please contact us with any questions regarding this Agreement.

PUNKAI.com is a service mark of PUNKAI.com, Inc.