Terms and Conditions of Use

This site ("Site") is provided by Some Company ("Some Company") for your personal entertainment, information, education, and communication. Your access to and use of this Site is subject to the following Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Site's services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. If you do not agree to this Agreement, please do not use this Site.

We reserve the right, at our sole discretion, to modify, restrict, change, or otherwise alter the Agreement or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility:

Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Site shall not violate any applicable law or regulation. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

Use of the Site by Children:

This Site does not target, through its advertising, appearance, links to other sites or otherwise, children under the age of 13. If you are under the age of 13, or are a parent of a child under the age of 13, please be aware that we do not permit registration by and do not knowingly collect any information from children under the age of 13.

Terms/Fees:

This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member account page. Some Company may terminate your membership for any reason, at any time. If Some Company terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

Non Commercial Use by Members:

The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Passwords and compiled names, photos, links, and Site content are not to be transferred or copied from the Site for use with any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Code of Conduct:

  1. You understand and agree that Some Company may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Some Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. Do not send us any confidential or proprietary information. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any feedback, data, answers, questions, comments, suggestions, ideas, or the like that you do transmit or post to the Site by electronic mail, message boards, file transfer protocol or otherwise ("Communications") will be treated as non-confidential and non-proprietary. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Some Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

  3. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Some Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

    1. is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or flooding;
    4. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    6. imposes an unreasonable or disproportionately large load this Site's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
    7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    8. displays pornographic or sexually explicit material of any kind;
    9. solicits personal information from anyone under 18;
    10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    12. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

  4. You must use the Service in a manner consistent with any and all applicable laws and regulations.

  5. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

  6. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Some Company cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Some Company reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Some Company deems appropriate in its sole discretion.

  7. You may not attempt to impersonate another user or person who is not a member of this Site.

  8. You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;

  9. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

  10. You may not remove any copyright, trademark, or other proprietary rights notices contained in the Site or Content;

  11. You may not "Frame" or "mirror" any part of the Site without our prior written authorization;

  12. You may not harvest or collect information about Members without their express consent.

Links:

The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by Some Company and You acknowledge that Some Company is not responsible for the content of any such linked site or any link contained in a linked site. Some Company provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Some Company of any linked site.

Copyright:

All content included on this Site is used with the permission of Some Company, such as text, graphics, logos, icons, images, and audio clips. The content on this Site and any material submitted via this Site is the property of Some Company and is protected by United States and international copyright laws. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Some Company's written permission. The software utilized on this site is the property of Affinitive, LLC ("Affinitive") and/or its software suppliers, and is protected by United States and international copyright laws. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.

Trademarks:

Some Company Trademarks, logos, and service marks (collectively "Some Company Trademarks") displayed on the Site are registered and unregistered Trademarks of Some Company or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Some Company Trademark displayed on the Site without the written permission of Some Company. Your misuse of the Trademarks displayed on the Site, except as provided in these Terms of Use, is strictly prohibited.

Member Disputes:

You are solely responsible for your interactions with other Members. Some Company reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy:

Use of the Site and/or the Service is also governed by our Privacy Policy.

Disclaimers:

Neither Some Company, nor Affinitive are responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. Neither Some Company, nor Affinitive are responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. Some Company and Affinitive assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Neither Some Company, nor Affinitive are responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will neither Some Company, nor Affinitive be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Some Company and Affinitive expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Some Company and Affinitive cannot guarantee and does not promise any specific results from use of the Site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from neither Some Company, nor Affinitive or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability:

Except in jurisdictions where such provisions are restricted, in no event will Some Company, nor Affinitive be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if Some Company, or Affinitive has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Some Company's, or Affinitive's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Some Company, or Affinitive for the Service during the term of Membership.

Our Rights:

Some Company reserves the right to modify or discontinue the Program in whole or in part for any reason, at its sole discretion, with or without notice to Users. Some Company may, among other things, withdraw, limit, modify or cancel any Prize and/or modify or regulate the Points, Prizes or benefits. Each User agrees that Some Company will not be liable to the User or any third party for any modification or discontinuance of the Program.

Some Company reserves the right to interpret and apply the policies and procedures communicated in the Guidelines. All determinations by Some Company, including determinations of eligibility, and proper authorization of points and prize redemption, shall be final and conclusive in each case.

Some Company reserves the right to terminate any User's participation in the Program, to deny award of any Prizes and/or terminate service if, in Some Company's sole judgment, such User has in any way violated the Guidelines.

Fraud:

Fraud or abuse relating to the registration process, providing of personal information, or redemption of Prizes is a violation of the Guidelines. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a User's password. Users agree to immediately notify Some Company of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual User, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use.

ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE GUIDELINES. Some Company RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

U.S. Export Controls:

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disputes:

If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.

Indemnity:

You agree to indemnify and hold Some Company, Affinitive and their subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors, other partners and employees (collectively, the "Indemnified Parties") harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Questions:

The Site is provided by Some Company. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at contact@somecompany.com or send us a letter to:

Some Company
1 Company Row
Company, CO 12345

Notice for California Users:

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Filtering:

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html.

Other:

This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Some Company regarding the use of the Site and/or the Service. The failure of Some Company or Affinitive to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.