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USER
AGREEMENT
This Agreement must be completed,
understood and agreed to by
a woman at least 18 years OLD.
If
you are not a woman, if you
are not yet 18 years old, if
you are easily offended, or
are accessing this site from
any country where material on
this site is prohibited or illegal,
please leave now, as you do
not have permission to access
this site.
ACCEPTANCE
OF TERMS THROUGH USE
By
using this site or by clicking
“I agree” to this Agreement,
you (“User”) signify your agreement
to these terms and conditions.
If you do not agree to this
Agreement please do not use
this site and do not click “I
agree”.
Please
check this Agreement periodically
for changes as the owner of
this site, Let’s Be Friends,
Inc., a Michigan corporation
(the “Company”) reserves the
right to revise this Agreement
and your continued use of this
site following the posting of
any changes to the Agreement
constitutes acceptance of such
changes.
The
Company reserves the right to
terminate a User’s use of this
site at any time without notice
and may do so for any breach
of this Agreement or the instructions
on this site by User.
This
Agreement applies to licensors
and advertisers as well.
You
agree not to make any false
or fraudulent statements in
your use of or to gain access
to this site.
You
acknowledge and agree that all
content and services available
on this site are property of
the Company and its advertisers
and licensors and are protected
by copyrights, moral rights,
trademarks, service marks, patents,
trade secrets, and other proprietary
rights and laws, in the U.S.
and internationally.
LICENSE
TO USE THIS SITE
Upon
your use of this site or clicking
“I agree” to this Agreement,
the Company hereby grants you
a non-exclusive, non-transferable
limited license to use this
site in strict accordance with
the terms and conditions in
this Agreement and as permitted
via instructions on this site.
All rights not expressly granted
herein are fully reserved by
the Company, its advertisers
and licensors.
There
is a fee to use this site. Information
detailing membership fees is
posted in the “Member Benefits”
area of the site. All membership
fees, once paid, are non-refundable
under any circumstances. The
Company reserves the right to
change membership fees or prices
at any time.
Payment
of membership fees may be made
by credit/debit card. Payment
is made by a secure server,
which will encrypt your transaction
for your security. You agree
to pay for any and all purchases
and services made using your
name and credit card through
this Site, not to challenge
any such charges and to pay
for all collections and/or attorneys
fees resulting from any non-payment.
Email
addresses must remain current
and any changes promptly made
to your member account. If our
internet service provider reports
that your email address no longer
exists, then the Company may
terminate the license granted
by this Agreement.
Termination
of the license granted by this
Agreement, either by User or
the Company, may take place
at any time, for any or no reason.
Termination shall be in writing
(email is acceptable). Users
must also complete the termination
steps found the Change Account
section of the “Members” area
of the site. The Company will
make every reasonable effort
to remove a User profile and/or
details from the site and confirm
the completion of the same within
72 hours of receipt of notice
of termination.
Violation
of the license granted by this
Agreement will result in immediate
termination of the license.
LICENSE RESTRICTIONS
Use
Except
as may be explicitly permitted
through this site, you agree
not to save, download, cut and
paste, sell, license, rent,
lease, modify, distribute, copy,
reproduce, transmit, publicly
display, publicly perform, publish,
adapt, edit, or create derivative
works from materials, code or
content on or from this site.
Systematic retrieval of data
or other content from this site
to create or compile, directly
or indirectly, a collection,
compilation, database or directory
without written permission from
the Company is prohibited. In
addition, use of the content
or materials for any purpose
not expressly permitted in this
Agreement is prohibited.
Solicitations,
unauthorized framing or linking,
and advertisements for your
business or charity are not
permitted on this site.
Spamming
is not permitted on this site.
Security
Use of the site requires a username,
friendship profile, and password.
Those items may not contain
any information which would
permit a third party to determine
your identity, such as your
personal and/or surname, address,
company name, email address,
telephone numbers, or URLs.
You
agree to use your best efforts
to prevent access to this site
through your username and password
by anyone other than yourself,
including but not limited to,
keeping such information strictly
confidential, notifying the
Company immediately if you discover
loss or access to such information
by another party not under your
control and supervision, and
by using a username and password
not easily guessed by a third
party.
You
agree that you shall not try
to reverse engineer, reverse
assemble, reverse compile, de-compile,
disassemble, translate or otherwise
alter any executable code, contents
or materials on or received
via this site. You understand
that such actions are likely
to subject you to serious civil
and criminal legal penalties
and that the Company shall pursue
such penalties to the full extent
of the law to protect its rights
and the rights of its other
licensors.
International
Users
Accessing
this site, and services, products
or contents available on this
site, except as expressly allowed
through instructions and truthful
statements by the User in regard
to use of this site, from places
outside the U.S. or where their
contents are illegal, is prohibited.
Those who choose to access this
site from other locations do
so knowingly on their own initiative
and voluntarily at their own
risk and are responsible for
compliance with local laws.
None of the information on this
site may be downloaded, exported
or re-exported into Libya, Iraq,
North Korea, Cuba, the National
Union for the Total Independence
of Angola (UNITA), Iran, Syria,
Sudan, Burma (Myanmar), Serbia,
the Taliban, Sierra Leone, Liberia,
designated Terrorists and international
Narcotics Traffickers, Foreign
Terrorist Organizations, and/or
designated foreign persons who
have engaged in activities related
to the proliferation of weapons
of mass destruction or any other
country with restrictions imposed
by the U.S. Government. By using
this site, you agree that you
are not a citizen of or a resident
in any of these countries.
Export
You
agree that you shall comply
with all applicable export and
import control laws and regulations
in your use of this site, or
materials or services received
through this site, and, in particular,
you shall not export or re-export
anything on or received through
this site in violation of local
or foreign export laws and/or
without all required U.S. and
foreign government licenses.
Government
Use
If
you are a branch or agency of
the U.S. Government, the following
provision applies. This site,
code, contents, services and
accompanying documentation are
comprised of "commercial
computer software" and
"commercial computer software
documentation" as such
terms are used in 48 C.F.R.
12.212 (SEPT 1995) and are provided
to the Government (i) for acquisition
by or on behalf of civilian
agencies, consistent with the
policy set forth in 48 C.F.R.
12.212; or (ii) for acquisition
by or on behalf of units of
the Department of Defense, consistent
with the policies set forth
in 48 C.F.R. 227.7202-1 (JUN
1995) and 227.7202-3 (JUN 1995).
Unpublished rights reserved
under the copyright laws of
the United States.
USER'S LICENSE GRANT TO SITE
Except
with regard to personal information,
all information which you post
on this site or communicate
to the Company through this
site (collectively “Submissions”)
shall forever be the property
of the Company. You agree to
the Site Submission Rules found
here as part of this Agreement
if provided on the site by the
Company. The Company shall not
treat any submission as confidential
and shall not incur any liability
as a result of any similarities
that may appear in future Company
services or products. Without
limitation, the Company shall
have exclusive ownership of
all present and future existing
rights to any Submission of
every kind and nature everywhere.
You acknowledge that you are
fully responsible for the message,
including its legality, reliability,
appropriateness, originality
and copyright. You hereby represent
and warrant that your Submission
does not infringe the rights
of any third party.
TRADEMARKS
The
Company’s, licensors’ or other
third party materials, services
or products referenced on this
site are common law or registered
trade marks or service marks
of such parties.
THIRD
PARTY SITES
You
may be transferred to online
merchants or other third party
sites through links or frames
from this site. Users are cautioned
to read such sites’ Terms and
Conditions and/or Privacy Policies
before using such sites in order
to be aware of the terms and
conditions of your use of such
sites. These sites may contain
information or material that
is illegal, unreasonable or
that some people may find inappropriate
or offensive. These other sites
are not under the control of
the Company, are not monitored
or reviewed by the Company,
and the Company is not aware
of the contents of such sites.
You acknowledge that the Company
is not responsible for the accuracy,
copyright compliance, legality,
decency, or any other aspect
of the contents or any transmissions
received through such sites.
The inclusion of such a link
or frame does not imply endorsement
of this site by the Company,
its advertisers or licensors,
any association with its operators
and is provided solely for your
convenience. You agree that
the Company and its licensors
have no liability whatsoever
from such third party sites
and your usage of them.
DISCLAIMER
OF WARRANTIES
THE COMPANY, ITS ADVERTISERS
AND LICENSORS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THIS SITE,
THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES
OR PRODUCTS RECEIVED THROUGH
THIS SITE. ALL INFORMATION AND
USE OF THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY
OF ANY KIND. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS HEREBY
DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE AND ANY SERVICES
OR PRODUCTS RECEIVED THROUGH
THIS SITE, INCLUDING ALL EXPESS,
STATUTORY, AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS
DO NOT WARRANT THAT THE CONTENTS
OR ANY INFORMATION RECEIVED
THROUGH THIS SITE ARE ACCURATE,
RELIABLE OR CORRECT; THAT THIS
SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENTS
OR ANY INFORMATION RECEIVED
THROUGH THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY
AT YOUR RISK. USER AGREES THAT
IT HAS RELIED ON NO WARRANTIES,
REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU, BUT SHALL
APPLY TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM, OR ARISE OUT OF
THE USE OF, OR INABILITY TO
USE, THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES
OR PRODUCTS RECEIVED THROUGH
THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF
THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS
AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
INDEMNIFICATION
You
agree to defend, indemnify,
and hold harmless the Company,
its advertisers, licensors,
subsidiaries and other affiliated
companies, and their employees,
contractors, officers, agents
and directors from all liabilities,
claims, and expenses, including
attorney's fees, that arise
from your use of this site,
or any services, information
or products from this site,
or any violation of this Agreement.
The Company reserves the right,
at it own expense, to assume
the exclusive defense and control
of any matter otherwise subject
to indemnification by you, in
which event you shall cooperate
with the Company in asserting
any available defenses.
LEGAL
COMPLIANCE
The
Company may suspend or terminate
this Agreement or User’s use
immediately upon receipt of
any notice which alleges that
User has used this site for
any purpose that violates any
local, state, federal or law
of other nations, including
but not limited to the posting
of information that may violate
third party rights, that may
defame a third party, that may
be obscene or pornographic,
that may harass or assault others,
that may violate hacking or
other criminal regulations,
etc. of its agents, officers,
directors, contractors or employees.
In such event, Company may disclose
the User’s identity and contact
information, if requested by
a government or law enforcement
body or as a result of a subpoena
or other legal action, and Company
shall not be liable for damages
or results thereof and User
agrees not to bring any action
or claim against Company for
such disclosure.
CHOICE OF LAW AND FORUM
This
site (excluding third party
linked sites) is controlled
by the Company from its offices
within the State of Michigan,
United States of America. It
can be accessed from all 50
states as well as from other
countries around the world to
the extent permitted by site.
As each of these places has
laws that may differ from Michigan,
by accessing this site, both
you and the Company agree that
the statues and laws of the
State of Michigan shall apply
to any actions or claims arising
out of or in relation to this
Agreement or your use of this
site, without regard to conflicts
of laws principles thereof.
You and the Company also agree
and hereby submit to the filing
of any claim only in the exclusive
personal jurisdiction and venue
of the Courts of the State of
Michigan and any legal proceedings
shall be conducted in English.
The Company makes no representation
that materials on this site
are appropriate or available
for use in other locations,
and accessing them from territories
where their contents are illegal
is prohibited. This Agreement
shall not be governed by the
United Nations Convention on
Contracts for the Sale of Goods.
MISCELLANEOUS
This
Agreement incorporates by reference
the Site Submission Rules if
this site allows posting and
posts such Rules. This Agreement
constitutes the entire agreement
between the parties related
to the subject matter thereof,
supersedes any prior or contemporaneous
(oral, written or electronic)
agreement between the parties
and shall not be changed except
by written agreement signed
by an officer of the Company.
If any provision of this Agreement
is prohibited by law or held
to be unenforceable, the remaining
provisions hereof shall not
be affected, and this Agreement
as much as possible under applicable
law shall continue in full force
and effect as if such unenforceable
provision had never constituted
a part hereof and the unenforceable
provision shall be automatically
amended so as to best accomplish
the objectives of such unenforceable
provision within the limits
of applicable law. User shall
not assign or transfer this
Agreement and any such transfer
shall be void.
Site
Submission Rules
By
using features of this site
that allow you to post or otherwise
transmit information to or through
this site, or which may be seen
by other users, you agree that
you shall not upload, post,
or otherwise distribute or facilitate
distribution of any content
-- including text, communications,
video, software, images, sounds,
data, or other information --
that:
·
is unlawful, threatening, abusive,
harassing, defamatory, libelous,
deceptive, fraudulent, invasive
of another's privacy, tortious,
obscene, sexually explicit or
graphic, or otherwise in violation
of this site’s rules or policies;
·
victimizes, harasses, degrades,
or intimidates an individual
or group of individuals on the
basis of religion, gender, sexual
orientation, race, ethnicity,
age, or disability;
·
infringes any patent, trade
mark, service mark, trade secret,
copyright, moral right, right
of publicity, privacy or other
proprietary right of any party;
·
constitutes unauthorized or
unsolicited advertising, junk
or bulk e-mail (also known as
"spamming"), chain
letters, any other form of unauthorized
solicitation, or any form of
lottery or gambling;
·
contains software viruses or
any other computer code, files,
or programs that are designed
or intended to disrupt, damage,
or limit the functioning of
any software, hardware, or telecommunications
equipment or to damage or obtain
unauthorized access to any data
or other information of any
third party; or
·
impersonates any person or entity,
including any employee or representative
of this site, its licensors
or advertisers.
You
also agree that you shall not
harvest or collect information
about the users of this site
or use such information for
the purpose of transmitting
or facilitating transmission
of unsolicited bulk electronic
e-mail or communications for
any other commercial purpose
of your own or a third party.
You
further agree that you shall
not solicit or collect information,
or attempt to induce any physical
contact with, anyone 18 years
old or younger without appropriate
prior verifiable express parental
consent.
This
site generally does not pre-screen,
monitor, or edit the content
posted by users of this site.
However, this site and its agents
have the right, at their sole
discretion, to remove any content
that, in this site’s sole judgment,
does not comply with the Site
Submission Rules or is otherwise
harmful, objectionable, or inaccurate.
This site is not liable for
any failure, delay, damages
or results, in removing such
content.
You
agree that your use of this
site may be suspended or terminated
immediately upon receipt of
any notice which alleges that
you have used this site in violation
of these Rules and/or for any
purpose that violates any local,
state, federal or law of other
nations, including but not limited
to the posting of information
that may violate third party
rights, that may defame a third
party, that may be obscene or
pornographic, that may harass
or assault others, that may
violate hacking or other criminal
regulations, etc. of its agents,
officers, directors, contractors
or employees. In such event,
you agree that the owner of
this site may disclose your
identity and contact information,
if requested by a government
or law enforcement body or as
a result of a subpoena or other
legal action, and the owner
of this site shall not be liable
for damages or results thereof,
and you agree not to bring any
action or claim against the
owner of this site for such
disclosure.
This
site reserves the right to revise
these Site Submission Rules
at its discretion, so check
back from time to time to be
sure you are complying with
the current version.
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