(updated April 29, 2009)

By accessing and using the Join the Dot websites www.jointhedot.com and www.jointhedot.net (“the Site”) or by clicking “I Accept” when signing up for a user account at the Site, you acknowledge that you are a User of the Site and that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy incorporated herein by reference (collectively, “Terms of Use” or “Agreement”) whether or not you are a registered member of the Site.  The Agreement is between you and the operator of the Site, David Ilan (“Join the Dot” or “us” or “we”).  If you do not accept the terms of the Agreement, you are not authorized to use this Site. We reserve the right, in our sole discretion, to change, modify, add to or delete portions of these Terms of Use and the Privacy Policy at any time and any such changes shall be effective upon posting to the Site.

Limitations on Use of Site
Personal Use Only:  The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Provider. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.

Eligibility:  This site is intended for use by individuals who are thirteen (13) years of age or older.  By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age. 

User Content; Representations/Warranties and Limited License Regarding User Content

User Content:  You shall be solely responsible for any information you upload, publish or display on the Site (“User Content”), including without limitation membership information, text, photos, pictures, audio and/or video you submit and the consequences of our or our Service Provider’s posting or publishing or providing access to such User Content. 

Representations and Warranties Regarding User Content:  In connection with any User Content you submit for your membership information, you represent and warrant that all such information is accurate and truthful.  In connection with any User Content you submit, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. 

Limited License for Join the Dot to Use User Content:  By submitting the User Content to us, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors’) business, including without limitation for commercial use and for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In addition to the foregoing licenses, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider.

Restrictions on User Content
You are solely responsible for User Content that you post or upload through the Site.  You agree that you will not post or upload any User Content of which you are not the author or for which you do not have permission to use, distribute or copy.  You agree not to post any User Content that: 

• violates the copyright, trademark, trade secret, publicity, privacy or patent rights of any person or entity;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass emailing or spamming;
• promotes or encourages hatred or harm to any individual or group;
• contains nudity or excessive violence;
• furthers or promotes criminal activity;
• obscene language or images; or
• is defamatory. 

Removal of User Content
You acknowledge that Join the Dot is not required to, but may, review User Content and elect to refuse to post or may delete any User Content (without notice to the User who uploaded or posted it) in its sole discretion for any or no reason, including User Content that Join the Dot, in its sole discretion, determines violates the terms of this Agreement, or may be offensive or illegal. 

Notification of Copyright Infringement
Users of the Site are prohibited from posting or uploading any User Content that infringes the copyright or other intellectual property rights of any individual or entity.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Join the Dot’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Join the Dot

Attn:  David Ilan
P.O. Box 280174
Northridge, CA 91328
Facsimile No.(818) 379-3368
Email:  Copyright@JoinTheDot.com

Membership Information
When signing up for an account on the Site, you agree to provide accurate and complete information about yourself.  You also agree that you will maintain the security of your username and password used to log in to the Site. 

Termination of Account
Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.  Providing false membership information shall constitute grounds for immediate termination. 

Ownership of Content on Site
JOIN THE DOT, and other Join the Dot graphics, logos, designs are the trademarks or trade dress of Join the Dot.  Join the Dot’s trademarks may not be used in connection with the sale or offering for sale of any products or services without Join the Dot’s express written permission.  Other trademarks appearing on the Site are the property of their respective owners and may not be used without the respective owner’s permission.

Indemnification
You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable attorneys’ fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimers
WE, OUR AFFILIATES, OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT APPEARING ON THE SITE (INCLUDING USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  JOIN THE DOT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE.

Limitation on Liability
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Transferability
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

Governing Law and Jurisdiction
These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Updates
The Site may change from time to time. As a result, at times it may be necessary for us to make changes to this Agreement. Accordingly, we reserve the right to update or modify this Agreement at any time and from time to time without prior notice. Please review this Agreement periodically, and especially before you provide any Personal Information. Your continued use of the Site after any changes or revisions to this Agreement shall indicate your acceptance of the terms of such revised Agreement.

Hold Harmless of Service Provider
Technology and hosting for aspects of this website are provided by KickApps Corporation, a Third Party Application Service Provider ("Service Provider"). However, "Join The Dot" controls the content, membership and policy of this website, including those pages served by the Service Provider on behalf of this website. Notwithstanding anything to the contrary, by participating on this website you agree to indemnify and hold harmless the Service Provider on all matters related to your participation with this website and interaction with others using this website. As such, the Service Provider is a third party beneficiary to your agreement with this website; such Agreement with this website is defined above.

Join the Dot Privacy Policy
The following explains Join the Dot’s privacy policy and our approach to the collection and use of information from and about you and/or your company.

Like most websites, we collect information about users of the Site for one principal reason: it helps us to better serve you. It helps us improve your experience on our websites and assures that we can communicate with you about your account; it better equips us to develop services that cater to your particular needs; it helps us provide you with the most targeted advertising programs, and the most accurate research about the efficacy of these programs. It's also the best way of ensuring that you get to take advantage of new services, product offerings, and promotions quickly. If you have any questions or concerns about our use of Personal Information, please don't hesitate to contact us by e-mail at: Support@JoinTheDot.com

Types of Information
Join the Dot gathers two types of information about users of the Site: Personal Information that users provide through optional, voluntary submissions, such as email and online registration forms to Join the Dot, and non-Personal Information that we collect automatically to observe site trends and gain a better understanding of our users' experiences.

Personal Information means any information that may be used to identify an individual, including, but not limited to, your name, home address, telephone number, and e-mail address. The types and amount of Personal Information collected for these activities will vary depending on the activity.

Other information we gather includes aggregated tracking information derived mainly by tallying page views throughout our sites and from cookies and web beacons on our client's sites. This non-Personal Information also covers things like click-throughs, IP addresses, and usage data, and it may at times be combined with your Personal Information. All of this allows us to better tailor the Site to our users' individual needs.

Personal Information Collection and Use
Join the Dot only collects Personal Information that we consider necessary for providing you with an enjoyable experience using the Site.  In general, you can visit the Site without telling us who you are or revealing any identifying Personal Information. If you'd like to view the entire site or sign up for any of our services, we may require differing degrees of Personal Information about you. This Personal Information is critical to us in developing services that help you achieve your business objectives, and we may use it to communicate with you about your account or our services.

If you communicate with us through e-mail, regular mail, or the phone, or choose to leave feedback on any of our websites, we may also save that information and use it to improve our customer support and client services, to troubleshoot other problems or resolve disputes, or for other business purposes.

We take reasonable steps to protect the Personal Information provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Site may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to us provided via the Internet.  

Non-Personal Information Collection and Use
Like most websites we automatically receive and record certain information through the use of various technologies like "cookies," "web beacons," and "pixel tags." We use this information to generate reports for ourselves and our clients, observe trends and site traffic, administer and improve Users’ experiences using the Site, and to gain a better understanding of your interests. This information may include, by way of example, the URL from which you just came, the URL to which you next go, your computer browser information, operating system, IP address, and other information about how you use the Site. 

Aggregate Information
We may aggregate Personal Information, and disclose such information to third parties for a variety of reasons, including for advertising, marketing and promotional purposes. However, if we do this, we will not disclose information in a manner that directly identifies you. 

Other Third Parties
We will not share Personal Information collected on this web site with third parties for their direct marketing purposes without your consent. In addition, Join the Dot does not otherwise share Personal Information about Site users with third parties unless doing so is appropriate to carry out a user's request or it reasonably believes that doing so is legally required or is in Join the Dot’s interest to protect its property or other legal rights or the rights or property of others, or necessary for national security, other law enforcement, issues of public importance or safety, or to enforce our Agreement or other policies.

Protections
Join the Dot uses reasonable procedural and technical safeguards to protect your Personal Information against loss, theft or misuse, as well as unauthorized access, disclosure, alteration or destruction. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction.  However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

Administrative Communications and Notice of Security Breaches
If Join the Dot learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. Join the Dot may post a notice on the Site if a security breach occurs. If this happens, you will need a web browser enabling you to view the Site. Join the Dot may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at:  Support@JoinTheDot.com

International
Our site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to: (1) the use of your personal data for the purposes identified above in accordance with this Privacy Policy; and (2) the transfer of your personal data to the United States as indicated above.

Access
Users have access to their Personal Information and may update their information on the website.

Policy Updates
We may occasionally update this Privacy Policy. When we do, we will also revise the "effective date" date on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this web site constitutes your agreement to this Privacy Policy and any updates.

Children's Online Privacy
Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information to Join the Dot through this web site represents that they are 13 years of age or older.

QUESTIONS RELATING TO THE AGREEMENT?
If you have questions or concerns about this Agreement, including the Terms of Use and Privacy Policy, please e-mail us at:  Support@JoinTheDot.com.

or mail to:
Join the Dot
Attn:  David Ilan
P.O. Box 280174
Northridge, CA 91328