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REGISTRATION
In order to use this some features of this web site, you must first register with OurPrisoner.com by clicking the "Sign Up" button. A password must be created that contains at minimum six (6) case sensitive characters. Your first name, last name, zip code, an alternate email address, age and sex are required as well. During signup, you will have the opportunity to register for a free BigString.com email account. Click here to read the BigString.com privacy policy. At signup you will also be asked to select if you would like to receive updates and offers from OurPrisoner.com via your alternative the email address. If you opt-in to this feature you may receive updates on events and prizes for OurPrisoner.com BigString Corporation and its subsidiary BigString Interactive are the sole owners of the personal information collected on www.ourprisoner.com. OurPrisoner.com collects personally identifiable information from our users at several different points on our Web site. REFER FRIENDS If you choose to use our referral service to tell a friend about OurPrisoner.com, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit OurPrisoner.com. OurPrisoner.com does not store this information and your friend will only receive the initial email from us and will not be contacted by us again. USES OF INFORMATION OurPrisoner.com will only use the information provided in a Registration Form to provide users with important information about our service (including upgrades, modifications, etc.) and to announce new products and services available to users. OurPrisoner.com will not share, sell or lease any personally identifiable information about any User to any third party for any secondary purposes without the User’s permission. NON- PERSONALLY IDENTIFIABLE INFORMATION OurPrisoner.com will use certain non-personally identifiable information provided by Users for the following purposes: To create aggregate, non-personal, demographic reports about the Users of the Service. Provide Users with certain content that may be of interest to that User based on the information the User provides. THIRD PARTY ADVERTISERS The ads appearing on this Web site are delivered to users by third party advertisers. We share Web site usage information about users with these reputable third parties for the purpose of targeting our Internet banner advertisements on this site. UPGRADE EMAILS If you elect to signup for a BigString.com email address, you may receive notifications of special promotions to upgrade your free email services to BigString’s paid email services. These notices will be sent to your BigString.com email account and you are required to receive these upgrade emails as part of your terms of service/use for you BigString.com free email account. At no time will BigString use your alternative email accounts (non-BigString email addresses) as methods of solicitation unless you OPT-IN to receive such emails from us at the point of registration. If you would like to change this preference and OPT-OUT of receiving the requested emails to your alternative email address at any time, simply send an email to support@ourprisoner.com and your request will be processed within 24 hours. However, at registration an alternative email address is required and will be used only if a lost password request is initiated or if you have chosen to receive these email newsletters at registration. To change or update either your email address or alternative email address, please go the either the “Profile” section of OurPrisoner.com or send an email to support@ourprisoner.com GENERAL USAGE PATTERNS OurPrisoner.com gathers information related generally to Users' use of the Software, Service, and Site including without limitation: The number of page views a user creates on OurPrisoner.com The number of votes a user submits The number of Messages that a User sends The number of Messages that are read What elements of the Service are most often used User log-in dates and time Message size data This information, which will only be collected and maintained in aggregate, anonymous form, will be used to, among other things: Provide OurPrisoner.com with a better understanding of how Users use the Service and the various features thereof; Help OurPrisoner.com to create and provide new services and offerings to Users; and Conduct and publish aggregate, anonymous, market research results. COMPUTER SETTINGS BigString collects settings, technical and other information from Users' computers, such as a computer's operating system, OurPrisoner.com and browser versions used, connectivity, various communication parameters and other information related to the operation and interaction of the Software, subject to the provisions herein. This information will neither contain nor be linked to any personally identifiable information. ACCESS TO INFORMATION A User may review and update his/her information by accessing "Profile" on the OurPrisoner.com Menu. LEGAL DISCLOSURE OF INFORMATION Notwithstanding anything to the contrary in this Agreement, OurPrisoner.com shall, pursuant to valid legal process such as a search warrant, subpoena or court order, allow access to all available and relevant information, including Users' IP addresses, in order to comply with such valid legal process and to otherwise protect OurPrisoner.com’s rights and property. SECURITY OurPrisoner.com is committed to respecting your privacy. We recognize your need for control of personally identifiable information that you share with OurPrisoner.com. Personally identifiable information is information that only pertains to you as an individual such as your name, address, phone number or credit card number. OurPrisoner.com does not collect sensitive information about individuals except when specifically and knowingly provided by such individuals. OTHER WEB SITES The Service may contain links to other Web sites. BigString is not responsible for the privacy practices or the content of such Web sites. COOKIES A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to the personally identifiable you submit while on our site. We use session ID cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. If you reject cookies your ability to send emails will be limited. Some of our business partners (e.g. advertisers) use cookies on our site. We have no access to or control over these cookies. See "Third Party Advertisers." AMENDMENTS TO PRIVACY STATEMENT If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places that we deem, appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage. Effective Date of Privacy Statement is 06/05/2006 OurPrisoner Terms and Conditions The following are the terms and conditions for use of OurPrisoner.com ("OurPrisoner") services including without limitation email, web portal and other services which may be offered from time to time by either Ourprisoner or Ourprisoner's wholly owned subsidiary, Ourprisoner Interactive, Inc. for use with your OurPrisoner account (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. 1. MEMBER ACCOUNT, PASSWORD, AND SECURITY To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to now OurPrisoner immediately of any unauthorized use of your account or any other breach of security. 2. MEMBER PRIVACY It is OurPrisoner's policy to respect the privacy of its members. Ourprisoner will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Ourprisoner has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Ourprisoner; (3) enforce the TOS; or (4) act to protect the interests of its members or others. Ourprisoner does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. Some personal information you provide to Ourprisoner may be stored outside of the country in which you reside. You agree that Ourprisoner may access your account, including its contents, as stated above or to respond to service or technical issues that may or may not be brought on by yourself. 3. MEMBER CONDUCT As a condition of your use of the Service, you warrant to Ourprisoner that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to: Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. Harvest or otherwise collect information about others, including email addresses, without their consent. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services. Ourprisoner has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Ourprisoner reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. 5. LINKS TO THIRD PARTY SITES The links included within the service may let you leave the service web sites ("linked sites"). The linked sites are not under the control of Ourprisoner and Ourprisoner is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Ourprisoner is not responsible for webcasting or any other form of transmission received from any linked site. Ourprisoner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ourprisoner of the site or any association with their operators. 6. DISCLAIMERS/LIMITATION OF LIABILITY The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Ourprisoner and/or its respective suppliers may make improvements and/or changes in the Service at any time. Ourprisoner does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Ourprisoner does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Ourprisoner shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Ourprisoner is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Ourprisoner is not responsible for any content sent using and/or included in the Service by any third party. Ourprisoner and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. the service is provided "as is" without warranty of any kind. Ourprisoner and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Ourprisoner and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service or related web sites, with the delay or inability to use the service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if Ourprisoner or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites. 7. INDEMNIFICATION You agree to indemnify and hold Ourprisoner, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. You agree to defend, at your expense, any action brought against Ourprisoner arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify Ourprisoner from any costs, damages and fees incurred by Ourprisoner which are attributable to such a claim. You will reimburse Ourprisoner the full cost of any and all losses your use or misuse of the Service may incur, and you authorize Ourprisoner to recover such losses without prior notice by any means. 8. TERMINATION Ourprisoner may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Ourprisoner may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Ourprisoner. Upon termination of the Service, your right to use the Service immediately ceases and all saved information will be lost indefinitely. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. Ourprisoner shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. 9. NO SPAM; DAMAGES Ourprisoner will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Ourprisoner liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Ourprisoner's actual damages, to the extent such actual damages can be reasonably calculated. 10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Ourprisoner shall not be responsible or liable for any part of any such dealings or promotions. 11. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Ourprisoner, or Ourprisoner's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content if authorized by the originator or owner for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software. 12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES Ourprisoner reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. 13. GENERAL This agreement is governed by the laws of the State of New Jersey, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ourprisoner as a result of this agreement or use of the Service. Ourprisoner's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ourprisoner's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Ourprisoner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ourprisoner with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ourprisoner with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Ourprisoner agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. 14. LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Please contact webmaster@ourprisoner.com for Making Claims of Copyright Infringement. 15. DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY OURPRISONER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. EMRMC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SHOULD ANY PART OF THIS DISCLAIMER NOT BE ALLOWED UNDER CERTAIN JURISDICTIONS, THOSE PARTS MAY NOT APPLY TO YOU. WHERE LAWFUL, EMRMC RESERVES THE RIGHT TO NOMINATE THE JURISDICTION OF ITS CHOICE UNDER WHICH THIS CONTRACT WILL BE ENFORCED. EXCLUSIVE REMEDY OURPRISONER's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to OURPRISONER for use of the Service. In no event shall OURPRISONER, Inc be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if OURPRISONER has been advised of the possibility of such damages. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES OURPRISONER from time to time may make changes to the Terms of Service and other policies. Current Terms of Service and other policies are posted on its website (www.ourprisoner.com). You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes. CONTACTING US If you have questions about the Service or this Agreement, please contact support@ourprisoner.com. |