Terms of Service FindYourFriend.com October 3, 2005 1. Introduction: By accessing and using the findyourfriend.com website, you agree to be bound by these terms and conditions. Findyourfriend.com may revise these terms and conditions from time to time, in our discretion, we encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated terms and conditions on the Website. The changes become effective immediately at the time of posting. Findyourfriend.com is only for individuals 18 years of age and older. 2.Registration: The specific Services available to you will vary depending upon whether you register as a member and whether or not you choose to purchase a fee-based membership or service. By registering, you agree to provide accurate and current information about yourself and to update that information if it changes. Findyourfriend.com is a self-registering website and makes no guarantees as to the accuracy or completeness of members' information. Your membership and password are only valid for your personal, non-commercial use of the Website. It is important for you to keep your password secure because any activities that occur under your registered email or password are your responsibility. We communicate with you through your registered email. you are responsible for ensuring that the email address you submit to the website as part of your registration and during the course of your membership is valid and that the email systems you use to access your emails do not block or filter findyourfriend.com Communications. We also reserve the right, on occasion, to require you to change your log in name and password. 3.Premier Membership: A findyourfriend.com Premier member is able to obtain the email address of the person you find. This is the way you contact the friend you find through the website. It is your responsibility to protect the email address you obtained through findyourfriend.com. You agree not to use any information obtained through the website for commercial use and not to share the information with any third party. In order to upgrade to a findyourfriend.com Premier membership, members are required to provide credit card or other payment information. We don't keep the credit card information and we are not responsible for the credit card or other payment processing on a third party website or system. Payment is non-refundable after 30 days from the purchase. 4. Member Conduct: You may have the opportunity to disclose, post, or otherwise upload to publicly accessible portions of the Website, or share with other members, information and other content. We expect and require that you take full responsibility for the Content that you post or send through the Website. Although we have no obligation to screen or edit information that is posted or shared by members, we reserve the right to remove any objectionable information, at our discretion, without notice. Swearing, obscenities, and inappropriate behavior (as solely determined by findyourfriend.com) on the website will not be tolerated, and your membership will be immediately terminated if we determine that you have participated in such behavior on the website. Findyourfriend.com reserves the right to modify, suspend or terminate access to the website at any time without notice or refund if you are suspected of violating any of these Terms of Service. You agree to: -Treat others in the community with respect; -Comply with all applicable laws concerning the transmission of technical data exported from the -United States or the country you reside in; -Follow all local, state, national and international laws and regulations; -Comply with all intellectual property and other proprietary rights laws; You agree NOT to: -Harass others; -Upload, post, email, transmit or otherwise make available any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; -Provide any Content that encourages a criminal offense or violates the rights of any party; -Send junk mail to our members or solicit our members for commercial purposes; -Use incognito names when registering or communicating on our website; -Post telephone numbers, street addresses, email addresses or any other confidential correspondence in Content that is publicly accessible on the Website. -Try to gain unauthorized access to the Website, other members' accounts, or computers connected to the Website; -Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the friend or acquaintance; -Interfere with, interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment; Since we don't, and may not have the ability to, control or actively monitor the Content, we don't guarantee its accuracy, integrity or quality. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content. Contact us at support@findyourfriend.com in the event you need to report abusive conduct. Although we have no obligation to police the site, we do try to remove content that is clearly inappropriate when it is brought to our attention. 5. Privacy: Findyourfriend.com has adopted a Privacy Policy (http://www.findyourfriend.com/) that you should read to fully understand how we collect and use information. 6. Submitting or Posting Content: When you participate in the findyourfriend.com community you are granting to findyourfriend.com a royalty-free, worldwide, nonterminable, exclusive license to use your information and your exact words (and any other content of your submissions) in all media now known or hereinafter developed, and in promotions, and to sublicense and transfer this right to third parties, and you waive all claims against findyourfriend.com for any violations of copyright, rights of privacy, publicity, and defamation or other personal torts arising from our use of the information in such media. No payments shall be due to you for such grant of rights, and you may or may not receive credit as the author of such works in any use of them. 7.Property Rights: This website (findyourfriend.com), and all of the content of the site, is protected by intellectual property and other laws throughout the world, and is the copyrighted property of findyourfriend.com and/or its various third party licensors. Nothing found on this website may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of findyourfriend.com. Unauthorized use of the site would be a violation of findyourfriend.com's and its licensors' rights. In addition, the trademarks, logos and service marks displayed on this website are the property of findyourfriend.com, its affiliates, and various third parties. The website and the software incorporated in the website may not be reverse engineered, decompiled or disassembled. 8. Availability of Services: From time to time findyourfriend.com may modify, suspend or discontinue any of the Services offered on our Website without notice to you. Findyourfriend.com shall not be liable to you for any modification, suspension or discontinuance of Services. Findyourfriend.com may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email addresses, message postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. Findyourfriend.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. Findyourfriend.com also reserves the right to change the Terms of Service. The Terms of Service in effect at the time of your use shall govern your use of the website. 9. Links to Other Sites and Third-party Offers: The site may contain links to other sites. Findyourfriend.com does not endorse any other site and is not liable for any loss or damages related to the content, products or services available through those sites. If you have any problems or concerns regarding other sites, please contact their site administrator or Web master directly. We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that findyourfriend.com shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions. 10. Disclaimer of Warranties: YOU UNDERSTAND AND AGREE THAT: EXCEPT AS SPECIFICALLY PROVIDED IN THIS PROVISION, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND FINDYOURFRIEND.COM DISCLAIMS, AND YOU WAIVE, ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION RELATED TO THE SITE AND ITS CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR, AND FINDYOURFRIEND.COM AND ITS PROVIDERS DO NOT WARRANT THE ACCURACY, CURRENCY OR RELIABILITY OF INFORMATION ON THE SITE. YOU ASSUME THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE DUE TO THE USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. 11. Limitations of Liability: YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. FINDYOURFRIEND.COM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF FINDYOURFRIEND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 12. Indemnification: You shall indemnify and hold harmless, and at Findyourfriend.com's request defend, Findyourfriend.com, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates. 13. Choice of Law & Venue: This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Delaware, United States of America, applicable to contracts negotiated and fully performed within that State, and the parties agree to submit to the exclusive jurisdiction of the courts of the State of Delaware in any action brought to enforce or arising out of this Agreement. Notwithstanding the foregoing, Findyourfriend.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any Unites States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Findyourfriend.com's sole discretion. 14. Termination or Cancellation: You may terminate your registration at any time by contacting us at support@findyourfriend.com. If you have a dispute with us relating to the Website or the Services, you may cancel your registration or cease use of the Website. The cancellation of your membership or ceasing all use of our Website is your only remedy with respect to any such dispute that you may have with us. If we determine, in our sole discretion, that you are not in compliance with the terms and conditions in the Terms of Service, we reserve the right to terminate your membership. 15. Miscellaneous Terms: Our relationship is not one of agency or partnership and neither you nor Findyourfriend.com shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If Findyourfriend.com fails to enforce any provision of the Terms of Service it shall not constitute a waiver of such provision. This agreement will inure to the benefit of Findyourfriend.com's successors, assigns and licensees. The headings in this agreement are used for convenience only and not for interpretation. This agreement is the entire understanding between us regarding your access to, license and use of the website and its content and supersedes any prior agreements, statements or representations with respect to the same. Close