AGREEMENT AND RULES OF CONDUCT FOR THE FRIENDCLUB.COM WEB SITE(S)
Use and participation in FRIENDCLUB.COM‘s Web site is contingent upon your acceptance of the following terms and rules. By using our Web site, you accept these terms. In addition, your continued use of our Web sites after a change has been made to the policies of our Web site implies your assent to those changes.
1. LINKS TO OTHER WEB SITES
2. RULES OF CONDUCT
FRIENDCLUB.COM is not responsible for any material posted on our message boards, reviews system or other forums.
a. You shall not post or transmit through FRIENDCLUB.COM‘s Web sites any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. FRIENDCLUB.COM will fully cooperate with any law enforcement authorities or court order requesting or directing FRIENDCLUB.COM to disclose the identity of anyone posting any such emails or materials. Further, you shall not post or transmit through FRIENDCLUB.COM any material which advertises or otherwise solicits funds or is a solicitation for goods or services.
b. You shall not upload, post, or otherwise make available on FRIENDCLUB.COM Web sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through FRIENDCLUB.COM‘s Web sites any advertisements, chain letters, pyramid schemes, or spamming of the same message to multiple boards.
d. By posting messages, uploading files, inputting data, or engaging in any other form of communication through FRIENDCLUB.COM‘s Web sites, you hereby waive any and all rights to any stories, ideas, drawings, opinions, and other creative “materials” posted to FRIENDCLUB.COM‘s web sites. You authorize FRIENDCLUB.COM to utilize, royalty-free, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of FRIENDCLUB.COM and shall include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You release FRIENDCLUB.COM from any and all claims or liability (now known or hereafter arising) in connection therewith, and you agree to indemnify FRIENDCLUB.COM in connection therewith pursuant to the terms of Paragraph 3 below. You agree and acknowledge that your participation in FRIENDCLUB.COM‘s Web sites shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and FRIENDCLUB.COM (other than the contractual relationship entered into between you and FRIENDCLUB.COM by virtue of your agreement to the Terms and Conditions of Use).
3. VISITOR’S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to FRIENDCLUB.COM Web site, you agree that in no event will FRIENDCLUB.COM, its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Web site or any site linked to or from this Web site, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from
any information provided in FRIENDCLUB.COM‘s web site, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through FRIENDCLUB.COM Web sites, even if you advise FRIENDCLUB.COM of the possibility of any claims or damages.
b. You, as a visitor and/or user of FRIENDCLUB.COM‘s Web site, agree to defend, indemnify, and hold harmless FRIENDCLUB.COM, its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of the FRIENDCLUB.COM Web site, or arising out of any violation of laws or these Rules of Conduct committed by you, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
FRIENDCLUB.COM shall have the right to immediately terminate your use of the FRIENDCLUB.COM Web site if FRIENDCLUB.COM determines, in its sole discretion, that you have violated the Rules
of Conduct set forth above in Paragraph 2 or otherwise breached this agreement, or have engaged in conduct which FRIENDCLUB.COM determines, in its sole discretion, to be unacceptable. While FRIENDCLUB.COM recognizes that its message boards and review system may be regarded as a public forum, it is not applicable as a venue of free speech. FRIENDCLUB.COM reserves the right to remove any postings to our message boards at our sole discretion.
FRIENDCLUB.COM assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the contents, information, services or other material on this site. While FRIENDCLUB.COM strives to keep the information on this site accurate, complete, and up-to-date, FRIENDCLUB.COM and its suppliers and contributors cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
FRIENDCLUB.COM provides Internet links to other external sites and services. FRIENDCLUB.COM, its employees and agents are not responsible for the content or availability of these services. FRIENDCLUB.COM is not responsible for any activity that might be considered to be illegal and/or improper use of the Internet at other remote sites and services. FRIENDCLUB.COM does not endorse any such sites or the information, material, products or services contained on or accessible through such sites. Your access and use of such sites, including information, material, products and services therein, are solely at your own risk.
FRIENDCLUB.COM and its suppliers disclaim all express and implied warranties with regard to the contents, information, services, and materials contained on this site, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All such information, services, and materials are provided “AS IS” and “AS AVAILABLE” without warranty of any kind.
Your use of the contents is subject to the additional disclaimers and caveats that may appear throughout the site.
6. LIMITATION OF LIABILITY
In no event shall FRIENDCLUB.COM or its suppliers be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations. Some statutes might apply regarding limitation of liability.
7. CHANGES TO SITE
FRIENDCLUB.COM and its suppliers may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice.
FRIENDCLUB.COM may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or mmaterial on particular Web pages, this agreement constitutes the entire agreement between you and FRIENDCLUB.COM with respect to the use of the service. Any changes to this agreement must be made in writing, signed by an authorized representative of FRIENDCLUB.COM.
FRIENDCLUB.COM‘s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between
FRIENDCLUB.COM and you related to this agreement shall be brought exclusively in a court of competent jurisdiction. FRIENDCLUB.COM reserves any and all rights not expressly stated herein.