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tos.php
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<?php
/*
Copyright 2020 FWBer.com
This file is part of FWBer.
FWBer is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
FWBer is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero Public License for more details.
You should have received a copy of the GNU Affero Public License
along with FWBer. If not, see <https://www.gnu.org/licenses/>.
*/
?>
<!doctype html>
<html lang="en">
<head>
<title><?php require_once("_names.php"); echo getSiteName(); ?> - Terms Of Service<?php require_once("_names.php"); echo getTitleTagline(); ?></title>
<?php include("head.php");?>
</head>
<body class="d-flex flex-column h-100">
<?php include("h.php");?>
<div id="mainbody" align="center" class="matches">
<br>
<br>
<br>
<div class="outerOutlineContainer" style="width:90%;">
<div class="normalContainer" >
<div class="innerOutlineContainer" style="text-align:left;font-size:9pt;padding:32px;">
<br>
<br>
<br><?php echo getSiteName();?> TERMS OF SERVICE
<br>
<br>Last Updated: October 22, 2019 (10/22/2019)
<br>
<br>
<br>
<br>1. GENERAL
<br>
<br><?php echo getSiteName();?>, llc. ("<?php echo getSiteName();?>") provides services through its websites, programs and computer servers, including but not limited to a dating match service, email address trading, and email forwarding.
<br>(All such services are referred to collectively herein as "<?php echo getSiteName();?>.")
<br>By accessing or using <?php echo getSiteName();?>, you are a "user" and you accept and agree to the terms below (the "Terms of Service" or "TOS") as a legal contract between you and <?php echo getSiteName();?>.
<br>
<br><?php echo getSiteName();?> may post changes to the TOS at any time, and any such changes will be applicable to all subsequent access to or use of <?php echo getSiteName();?>.
<br>
<br>If you do not accept and agree to all provisions of the TOS, now or in the future, you may reject the TOS by
<br>immediately terminating all access and use of <?php echo getSiteName();?>, in which case any continuing access or use of <?php echo getSiteName();?> is unauthorized.
<br>
<br>You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on <?php echo getSiteName();?>.
<br>
<br><?php echo getSiteName();?> is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
<br>
<br>The TOS grant you a limited, revocable, nonexclusive license to access <?php echo getSiteName();?> and use <?php echo getSiteName();?>, in whole or in part, including but not
<br>limited to <?php echo getSiteName();?> intellectual property therein, solely in compliance with the TOS.
<br>
<br>"<?php echo getSiteName();?>" is a pending trademark of <?php echo getSiteName();?> and is protected by United States and international laws.
<br>The TOS do not authorize you to use "<?php echo getSiteName();?>" or any similar or related marks for any use pertaining to dating, entertainment, adult products,
<br>social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause
<br>confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with <?php echo getSiteName();?>.
<br>
<br>
<br>2. MODERATION
<br>
<br><?php echo getSiteName();?> has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts,
<br>account information, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via <?php echo getSiteName();?> by any user
<br>(or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of <?php echo getSiteName();?>)
<br>by any user (or any other third party in any manner); and to enforce the TOS, for any reason and in any manner or by any means that <?php echo getSiteName();?>, in its sole discretion,
<br>deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results,
<br>requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination
<br>of content, accounts and/or all or any use or access). <?php echo getSiteName();?> may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
<br><?php echo getSiteName();?> action or inaction to regulate content or conduct or to enforce against any potential violation of the TOS by any user (or any other third party) does not waive <?php echo getSiteName();?>'s right to
<br>implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOS violation.
<br>
<br>You also understand and agree that any action or inaction by <?php echo getSiteName();?> or any of its directors, officers, stockholders, employees, consultants, agents or representatives
<br>(collectively, "<?php echo getSiteName();?> Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or
<br>potential TOS violation is undertaken voluntarily and in good faith, and you expressly agree that neither <?php echo getSiteName();?> nor any <?php echo getSiteName();?> Representative shall be liable to you or
<br>anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOS.
<br>
<br>Although <?php echo getSiteName();?> Representatives may moderate content, conduct and TOS compliance on <?php echo getSiteName();?> at <?php echo getSiteName();?>'s discretion, <?php echo getSiteName();?> Representatives have no authority to make binding commitments,
<br>promises or representations to anyone that they or anyone else on behalf of <?php echo getSiteName();?> will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of <?php echo getSiteName();?> will
<br>otherwise stop, cure or prevent any problem, content, conduct or purported TOS violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal)
<br>by any <?php echo getSiteName();?> Representative (or by anyone else acting on behalf of <?php echo getSiteName();?> or by anyone purportedly acting on behalf of <?php echo getSiteName();?>) that <?php echo getSiteName();?> (including but not limited to any <?php echo getSiteName();?> Representative, anyone else
<br>acting on behalf of <?php echo getSiteName();?>, or anyone purportedly acting on behalf of <?php echo getSiteName();?>) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate,
<br>review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOS violation
<br>is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that <?php echo getSiteName();?>, <?php echo getSiteName();?> Representatives and anyone else authorized to act on behalf of <?php echo getSiteName();?> shall in no circumstance be
<br>liable as a result of any representation that <?php echo getSiteName();?>, a <?php echo getSiteName();?> Representative or anyone else on behalf of <?php echo getSiteName();?> would or would not restrict or redress any content, conduct or potential or purported TOS violation.
<br>This paragraph may not be modified, waived or released except by a written agreement, dated and signed by <?php echo getSiteName();?>'s Chief Executive Officer and dated and signed by the individual or entity to whom the
<br>modification, waiver or release is granted.
<br>
<br><?php echo getSiteName();?> also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of <?php echo getSiteName();?> at any time without notice. <?php echo getSiteName();?> and <?php echo getSiteName();?> Representatives
<br>shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
<br>
<br>3. CONTENT AND CONDUCT
<br>
<br>a. Content
<br>
<br><?php echo getSiteName();?> does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or
<br>reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
<br>
<br>You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
<br>
<br>Content prohibited from <?php echo getSiteName();?> includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or
<br>receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful, or extreme pornographic content); (4) content that discloses
<br>another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads
<br>transmitted via <?php echo getSiteName();?>); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting
<br>or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other
<br>product or service that if utilized with respect to <?php echo getSiteName();?> would violate these TOS or <?php echo getSiteName();?>'s other legal rights; and (8) content that offers, promotes, advertises or provides
<br>links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on <?php echo getSiteName();?> and all such prohibitions
<br>are expressly incorporated into these TOS as stated in section 1 above.
<br>
<br>You automatically grant and assign to <?php echo getSiteName();?>, and you represent and warrant that you have the right to grant and assign to <?php echo getSiteName();?>, a perpetual, irrevocable, unlimited, fully paid,
<br>fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating
<br>into other works) and otherwise use any content that you post. You also expressly grant and assign to <?php echo getSiteName();?> all rights and causes of action to prohibit and enforce against any unauthorized
<br>copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized
<br>downloading, extraction, harvesting, collection or aggregation of content that you post).
<br>
<br>You agree to indemnify and hold <?php echo getSiteName();?> and <?php echo getSiteName();?> Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of:
<br>(a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive);
<br>(b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted);
<br>(c) your use of or reliance on any user content; and
<br>(d) your violation of the TOS. This indemnification obligation includes payment of any attorneys' fees and costs incurred by <?php echo getSiteName();?> or <?php echo getSiteName();?> Representatives.
<br>
<br>b. Conduct
<br>
<br><?php echo getSiteName();?> does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct.
<br>You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious
<br>investigation, inquiry, research and due diligence with respect to any user or user conduct.
<br>
<br>You are also responsible for your own conduct and activities on, through or related to <?php echo getSiteName();?>, and, if you create an account on <?php echo getSiteName();?>,
<br>you are responsible for all conduct or activities on, through or by use of your account.
<br>
<br>You agree to indemnify and hold <?php echo getSiteName();?> and <?php echo getSiteName();?> Representatives harmless from and against any third-party claim, cause of action, demand or damages
<br>related to or arising out of your own conduct or activities on, through or related to <?php echo getSiteName();?> or <?php echo getSiteName();?>, and related to or arising out of any conduct
<br>or activities on, through or by use of your <?php echo getSiteName();?> account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by <?php echo getSiteName();?> or <?php echo getSiteName();?> Representatives.
<br>
<br>4. POSTING AND ACCOUNTS
<br>
<br>This section 4 applies to all uses and users of <?php echo getSiteName();?>, unless <?php echo getSiteName();?> has specifically authorized an exception to a particular term for a particular
<br>user in a written agreement. <?php echo getSiteName();?> has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
<br>
<br>a. Postings
<br>
<br><?php echo getSiteName();?> is intended and designed as a local service. A user may post content only to the single specific geographic area offered on <?php echo getSiteName();?> for which that content is most relevant.
<br>The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one
<br>such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on <?php echo getSiteName();?>.
<br>
<br>The same or substantially similar content may not be posted in more than one <?php echo getSiteName();?> account.
<br>
<br>Users may not circumvent any technological measure implemented by <?php echo getSiteName();?> to restrict the manner in which content may be posted on <?php echo getSiteName();?> or to regulate the
<br>manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the
<br>use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling,
<br>or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent <?php echo getSiteName();?> accounts, including phone-verified, credit-verified, or ID verified accounts; URL shortening,
<br>obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images,
<br>inserting random text or content "spinning."
<br>
<br>It is expressly prohibited for any third party to post content to <?php echo getSiteName();?> on behalf of another. Users must post content only on their own behalf, and may not
<br>permit, enable, induce or encourage any third party to post content for them.
<br>
<br>It is expressly prohibited to post content to <?php echo getSiteName();?> using any automated means. Users must post all content personally and manually through all steps of the
<br>posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the
<br>posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting
<br>process (in whole or in part) shall be responsible and liable to <?php echo getSiteName();?> for each instance of access to <?php echo getSiteName();?> (by any user or other third party) using that automated means.
<br>
<br>Affiliate marketing is expressly prohibited on <?php echo getSiteName();?>. Users may not post content or communicate with any <?php echo getSiteName();?> user for purposes of affiliate marketing or
<br>in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
<br>
<br>b. Accounts
<br>
<br>A user may maintain and use no more than one account, including a telephone or phone-verified, credit-verified, or ID verified account, to post content. A user specifically may not create
<br>or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOS.
<br>
<br>A user may create an account, including a phone-verified, credit-verified, or ID verified account, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or phone-verified, credit-verified, or ID verified accounts
<br>for him/her. The creation of accounts or phone-verified, credit-verified, or ID verified accounts for others is expressly prohibited.
<br>
<br>A user must only use his/her own account or phone-verified, credit-verified, or ID verified account, and may not use any account or phone-verified, credit-verified, or ID verified account of another.
<br>
<br>The purchase and sale of accounts, including but not limited to phone-verified, credit-verified, or ID verified accounts, is expressly prohibited.
<br>
<br>A user must create his/her account or phone-verified, credit-verified, or ID verified account personally and manually and may not create accounts or phone-verified, credit-verified, or ID verified accounts by any automated means. Without limitation, this includes the
<br>obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any phone-verified, credit-verified, or ID verified account using his/her own
<br>valid respective telephone number, credit card, or state ID. The creation of a phone-verified, credit-verified, or ID verified account using a telephone number, credit card, or state ID that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable
<br>telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or phone-verified, credit-verified, or ID verified account creation process is also expressly prohibited.
<br>
<br>c. Reporting Users
<br>
<br>A user shall not "report" (or otherwise seek removal of) content on <?php echo getSiteName();?> without a personal, good-faith belief that the content violates the TOS. A user may report
<br>content only on his/her own behalf. A user must not permit, enable, induce or encourage others to report content for them. A user must not report content for others.
<br>
<br>A user may report a specific item of content only once.
<br>
<br>A user reporting content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to report
<br>content. A user must not circumvent any technological restrictions (security measures) in the reporting process. Without limitation, this prohibition includes a ban on
<br>the use of multiple IP addresses for reporting (by use of proxy servers or any means whatsoever).
<br>
<br>5. UNAUTHORIZED ACCESS AND ACTIVITIES
<br>
<br>This section 5 applies to all uses and users of <?php echo getSiteName();?>, unless <?php echo getSiteName();?> has specifically authorized an exception to a particular term for a particular user in a written
<br>agreement. <?php echo getSiteName();?> has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
<br>
<br>To maintain the integrity and functionality of <?php echo getSiteName();?> for its users, access to <?php echo getSiteName();?> and/or activities related to <?php echo getSiteName();?> that are harmful to, inconsistent
<br>with or disruptive of <?php echo getSiteName();?> and/or its users' beneficial use and enjoyment of <?php echo getSiteName();?> are expressly unauthorized and prohibited. For example, without limitation:
<br>
<br>The collection of <?php echo getSiteName();?> users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
<br>
<br>Any copying, aggregation, display, distribution, performance or derivative use of <?php echo getSiteName();?> or any content posted on <?php echo getSiteName();?> whether done directly or through
<br>intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception,
<br>general purpose Internet search engines will be entitled to access <?php echo getSiteName();?> without individual written agreements executed with <?php echo getSiteName();?>
<br>that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant <?php echo getSiteName();?>
<br>website, service, forum or content; (b) they access <?php echo getSiteName();?> from a stable IP address using an easily identifiable agent; and (c) they comply with <?php echo getSiteName();?>'s robots.txt
<br>file; provided however, that <?php echo getSiteName();?> may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to
<br>access <?php echo getSiteName();?> without their own written agreement executed with <?php echo getSiteName();?>), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
<br>
<br>Any access to or use of <?php echo getSiteName();?> to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any
<br>program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical o
<br> personal service) that enables or provides access to, use of, operation of or interoperation with <?php echo getSiteName();?> (including, without limitation, to access content, post
<br> content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent
<br> and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software,
<br> programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
<br>
<br>If you access <?php echo getSiteName();?> or copy, display, distribute, perform or create derivative works from <?php echo getSiteName();?> webpages or other <?php echo getSiteName();?> intellectual property in violation of the
<br>TOS or for purposes inconsistent with the TOS, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological
<br>restriction or security measure on <?php echo getSiteName();?> or any provision of the TOS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this
<br>paragraph, you agree that cached copies of <?php echo getSiteName();?> webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. 101. For purposes
<br>of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components
<br>and rights of <?php echo getSiteName();?> pursuant to 17 U.S.C. 1201.
<br>
<br>Any effort to decompile, disassemble or reverse engineer all or any part of <?php echo getSiteName();?> in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
<br>
<br>Any activities (including but not limited to posting voluminous content) that are inconsistent with use of <?php echo getSiteName();?> in compliance with the TOS or that may impair or
<br>interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of <?php echo getSiteName();?> in any manner are expressly prohibited.
<br>
<br>Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and
<br>prohibited access and activities is also expressly prohibited and is a violation of the TOS.
<br>
<br>6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
<br>
<br><?php echo getSiteName();?> and <?php echo getSiteName();?> Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or
<br>liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or
<br>organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
<br>
<br>You agree to indemnify and hold <?php echo getSiteName();?> and <?php echo getSiteName();?> Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or
<br>arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by <?php echo getSiteName();?> or <?php echo getSiteName();?> Representatives.
<br>
<br>7. FEES
<br>
<br><?php echo getSiteName();?> may charge a fee for verified accounts or for other features, products, services or licenses. You are responsible to <?php echo getSiteName();?> for any fees applicable to content that
<br>you post or other features, products, services or licenses you purchase or that are purchased through your account.
<br>You authorize <?php echo getSiteName();?>, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
<br>
<br>Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are
<br>additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
<br>
<br>Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by <?php echo getSiteName();?> or by community reporting.
<br>Payments and purchases may not be canceled by the user, except as required by law. However, <?php echo getSiteName();?> reserves the right to refuse or terminate any purchase or attempted
<br>purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment
<br>method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
<br>
<br>8. DISCLAIMERS
<br>
<br>YOUR ACCESS TO, USE OF AND RELIANCE ON <?php echo getSiteName();?> AND CONTENT ACCESSED THROUGH <?php echo getSiteName();?> IS ENTIRELY AT YOUR OWN RISK. <?php echo getSiteName();?> (INCLUDING, WITHOUT LIMITATION,
<br>THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
<br>
<br>ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
<br>
<br>WITHOUT LIMITING THE FOREGOING, <?php echo getSiteName();?> ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF
<br><?php echo getSiteName();?> AND CONTENT ACCESSED THROUGH <?php echo getSiteName();?>; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS
<br>ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF <?php echo getSiteName();?> OR CONTENT ACCESSED THROUGH <?php echo getSiteName();?>; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS,
<br>GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR
<br>AS A RESULT OF USE OF <?php echo getSiteName();?> OR CONTENT ACCESSED THROUGH <?php echo getSiteName();?> (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON <?php echo getSiteName();?> OR IN CONTENT).
<br>
<br>THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
<br>
<br>Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
<br>
<br>9. LIMITATIONS OF LIABILITY
<br>
<br><?php echo getSiteName();?> AND THE <?php echo getSiteName();?> REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON <?php echo getSiteName();?> OR CONTENT ACCESSED THROUGH <?php echo getSiteName();?>
<br>BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT
<br>OF OR RELATED TO <?php echo getSiteName();?> OR CONTENT ACCESSED THROUGH <?php echo getSiteName();?>, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY,
<br>LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY
<br>OR PUNITIVE DAMAGES, EVEN IF <?php echo getSiteName();?> OR ANY <?php echo getSiteName();?> REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT
<br>IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF <?php echo getSiteName();?> OR CONTENT ACCESSED
<br>THROUGH <?php echo getSiteName();?>; ANY INABILITY TO ACCESS OR USE <?php echo getSiteName();?> OR CONTENT ACCESSED THROUGH <?php echo getSiteName();?>; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION,
<br>SUSPENSION, DISCONTINUANCE OR TERMINATION OF <?php echo getSiteName();?> OR CONTENT ACCESSED THROUGH <?php echo getSiteName();?>.
<br>
<br>THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR
<br>ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF <?php echo getSiteName();?> OR CONTENT ACCESSED
<br>THROUGH <?php echo getSiteName();?> (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON <?php echo getSiteName();?> AND LINKS IN CONTENT ACCESSED THROUGH <?php echo getSiteName();?>).
<br>
<br>You hereby release <?php echo getSiteName();?> and each of the <?php echo getSiteName();?> Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and
<br>suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed,
<br>arising out of or in any way related to <?php echo getSiteName();?> or content accessed through <?php echo getSiteName();?>, or any interactions with others arising out of or related to <?php echo getSiteName();?> or content
<br>accessed through <?php echo getSiteName();?>, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides:
<br>"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
<br>
<br>THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
<br>
<br>10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
<br>
<br>If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have
<br>been otherwise violated, please contact us at:
<br>
<br><a href="/contact">Contact Us</a>
<br>
<br>11. INJUNCTIVE RELIEF
<br>
<br>You acknowledge and agree that any violation or breach of the TOS may cause <?php echo getSiteName();?> immediate and irreparable harm and damages; consequently, notwithstanding any other
<br>provision of the TOS or other applicable legal requirements, <?php echo getSiteName();?> has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including,
<br>without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOS. In addition to any and all other remedies
<br>available to <?php echo getSiteName();?> in law or in equity, <?php echo getSiteName();?> may seek specific performance of any term in the TOS, including but not limited to by preliminary or permanent injunction.
<br>
<br>12. DAMAGES
<br>
<br>In addition to any injunctive relief, you agree to pay to <?php echo getSiteName();?> the total amount of all actual damages (including but not limited to direct, indirect, consequential and
<br>incidental damages) caused by any violation of the TOS for which you bear responsibility; EXCEPT you acknowledge that, for certain TOS violations, actual damages would
<br>be extremely difficult or impossible to quantify. Consequently, for such TOS violations, you agree to pay liquidated damages to <?php echo getSiteName();?> as described in the following schedule:
<br>
<br> $1000 Per Instance of unauthorized or prohibited content.
<br>
<br>Furthermore you agree that the amounts of liquidated damages described are reasonable estimates of <?php echo getSiteName();?>'s damages for such violations, and that liquidated damages
<br>for violations of the TOS are and will be cumulative.
<br>
<br>13. PRIVACY
<br>
<br><?php echo getSiteName();?> has established a privacy policy covering the collection, use, and disclosure of user information:
<br>
<br><a href="/privacy">Privacy Policy</a>
<br>
<br>14. MISCELLANEOUS
<br>
<br>These TOS constitute the entire agreement between you and <?php echo getSiteName();?> and supersede any prior written or oral agreement. Other than the <?php echo getSiteName();?> Representatives (who are expressly
<br>included as named third-party beneficiaries of the TOS), there are no third-party beneficiaries to the TOS.
<br>
<br>Any and all claims, causes of action or disputes (regardless of theory) between you and <?php echo getSiteName();?> arising out of or related to the TOS, <?php echo getSiteName();?> or content accessed through
<br><?php echo getSiteName();?> shall be governed by the laws of the State of California without regard to conflict or choice of law principles. You and <?php echo getSiteName();?> agree that any such claims, causes of
<br>action or disputes shall be brought exclusively in courts located within the county of San Francisco, California, and you and <?php echo getSiteName();?> agree to submit to the personal and exclusive
<br>jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after
<br>such claim or cause of action arose or be forever barred. If any provision of the TOS is found by a court of competent jurisdiction to be unenforceable, all other provisions
<br>of the TOS shall remain in full force and effect.
<br>
<br>
<br>
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